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Madhya Pradesh High Court
Madhya Pradesh Poorv Kshetra Vidyut ... vs M/S Ultratech Cement Ltd. on 19 January, 2026
1 WA-166-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WA No. 166 of 2026
(MADHYA PRADESH POORV KSHETRA VIDYUT VITRAN COMPANY LIMITED Vs M/S ULTRATECH
CEMENT LTD. AND OTHERS )
Dated : 19-01-2026
Shri Anshuman Singh - Advocate with Shri Rohan Harne and Shri Ved
Mor - Advocate for appellant.
Shri P.Chidambaram - Senior Advocate with Shri Abhishek Munot,
Shri Malcolm Desai, Shri Sharad Khare, Ms. Sachi Khare and Ms. Sakshi
Shrivastava - Advocate for respondent-UltraTech Cement Ltd.
Shri Shreyash Pandit - Advocate for respondent no.3 and 4.
1. Appellant impugns judgment dated 26.05.2025, whereby the Writ
Court has directed the appellant - DISCOM to change the name of the
subscriber of the electricity connection from M/s Jayprakash Associate Ltd.
to M/s UltraTech Cement Ltd..
2. By a scheme of arrangement, certain assets and liabilities of M/s
Jayprakash Associate Ltd. have been taken over by M/s UltraTech Cement
Ltd..
3. Appellant is also aggrieved by an order dated 08.12.2025,
whereby the Writ Court has directed compliance of order dated 26.05.2025,
failing which, it is directed that the Chief General Manager (HR) of the
appellant be personally present in Court.
4. Learned counsel for the appellant submits that there is an
outstanding demand against the said electricity connection and till the time
the demand is paid, the name of the subscriber cannot be changed to that of
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the respondent. It is contended that the appellant has requested the
respondent to either give an indemnity bond or clear the demand prior to
change of the name.
5. Issue notice.
6. Notice is accepted by learned counsel appearing for respondent
no.1 and 2 as also by learned counsel respondent no.3 and 4.
7. Learned Senior Counsel appearing for the respondent nos.1 and 2
submits that some of the liability was specifically excluded from the scheme
of arrangement. It is contended that the scheme of arrangement has also been
considered by the Hon'ble Supreme Court as also by the Co-ordinate Bench
of this Court, wherein it is noticed that pre-existing liabilities, which were
contingent and disputed, were excluded from the scheme of arrangement. He
states that the subject liability is one of the liabilities that was excluded and
not taken over by respondent no.1. He further states that since the electricity
connection has not been transferred in the name of respondent no.1,
respondent no.1 is prejudiced in obtaining certain contracts as an objection is
sometimes raised that the electricity connection is not in the name of
respondent no.1. He under instruction states that without prejudiced to the
rights and contentions and subject to outcome as an ad-interim, the
electricity connection be transferred in the name of respondent no.1 subject
to further orders. He further states that no equity shall be claimed by the
respondent no.1, in case, appellant is successful in the subject appeal.
8. Learned counsel for the appellant also under instruction submits
that as an interim, the appellant is willing to substitute the name of
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respondent no.1 in the said electricity connection subject to further orders.
9. In view of the above, as an ad-interim, the appellant shall
substitute the name of respondent no.1 in the said electricity connection
subject to the outcome of the present appeal. It is clarified that no special
equities shall flow in favour of the respondent no.1 under this order and in
case the appellant is successful, the name of respondent no.1 shall be
removed as a subscriber. It is further clarified that the appellant would also
be at liberty to continue to prosecute his claim against the respondent no.3
with regard to the outstanding dues.
10. The respondent no.1 shall place on record the complete scheme
of arrangement as well as the audited balance sheet which formed part of the
scheme of arrangement for perusal of the Court or any other document
which is the part of the scheme which specifically refers to the subject dues.
11. Further in view of the above order, the proceedings in the writ
Court which had commenced on an application filed by the respondent no.1
seeking a direction to the appellant to forthwith change the name of the
consumer shall stands closed. Said application shall stands disposed of.
12. List for consideration on 24.03.2026.
(SANJEEV SACHDEVA) (VINAY SARAF)
CHIEF JUSTICE JUDGE
rk.
