Asian Plywood Industries Private ... vs The State Of Bihar
2022 Latest Caselaw 4327 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10024 of 2022
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Asian Plywood Industries Private Limited, a company incorporated under the companies act, through its Managing Director, Brajbhushan Singh, aged about 54 years (male), son of Late Ramnath Singh, Resident of Mohalla 221, Gali Sankhiya 2, Rajpur Nagar, P.O. and P.S. Industrial Area, Hajipur, District Vaishali Bihar - 844101.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Department of Energy, Government of Bihar, 8 Daroga Rai Path, Patna - 800001.

2. The Secretary, Department of Energy, Government of Bihar, 8 Daroga Rai Path, Patna - 800001.

3. North Bihar Power Distribution Company Ltd, through the Managing Director, Second Floor, Vidyut Bhawan, Bailey Road, Patna 800001.

4. The Managing Director, North Bihar Power Distribution Company Ltd, Second Floor, Vidyut Bhawan, Bailey Road, Patna 800001.

5. The Electrical Executive Engineer, Electric Supply Division, Hajipur (Vaishali).

6. The Assistant Electrical Engineer, Hajipur Industrial Estate.

7. The Joint Electrical Engineer, Hajipur Industrial Estate.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Suraj Samdarshi, Advocate Mr. Avinash Shekhar, Advocate Mr. Ranjan Prakash, Advocate

For the Respondent/s : Mr. Subhash Pd. Singh, GA 3 Mr. Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 05-08-2022

Heard learned counsel for the parties. Patna High Court CWJC No.10024 of 2022 dt.05-08-2022

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.10024 of 2022 dt.05-08-2022

There is a dispute with regard to the exact

amount due and payable by the petitioner towards the dues

payable to the Electricity Department.

According to the Revenue, the total amount due

and payable, as per the certificate case, is Rs. 17,00,000/-

(approximately). Whereas, according to the petitioner, it is Rs.

7.89 lacs (approximately) as payable by the last bill.

It is brought to our notice that proceedings with

regard to the disputed amount are pending adjudication before

the various authority.

Shri Suraj Samdarshi, learned counsel for the

petitioner, prayed that without prejudice and independent Patna High Court CWJC No.10024 of 2022 dt.05-08-2022

thereof, only to ensure that the petitioner's unit becomes

operational and functional and subject to the outcome of such

proceedings, petitioner is ready and willing to deposit the entire

amount disputed or otherwise, which stands quantified as

Rs. 17,15,125.29/- as on 29.06.1994 determined vide Certificate

Case No. 2/94-95. This amount petitioner is ready and willing to

deposit in two installments within a period of 45 days from

today i.e. first installment within 15 days and the balance

amount within the remaining period.

Shri Vinay Kirti Singh, learned senior counsel

for the respondents, states that upon deposit of the first

installment, electricity connection shall be restored, subject to

the petitioner depositing the balance amount within the

aforesaid remaining period.

As such, instant petition is disposed of on the

following mutually agreeable terms:-

(i) Petitioner shall deposit a sum of Rs.

17,15,125.29/- in two equated installments spread over a period

of 45 days;

(ii) Upon deposit of the amount of first

installment, petitioner's electricity connection shall be restored.

However, in the event of failure on the part of the petitioner to Patna High Court CWJC No.10024 of 2022 dt.05-08-2022

deposit second installment, said connection shall be

disconnected automatically without any notice or reference to

the petitioner;

(iii) The amount deposited shall be without

prejudice to the outcome of the proceedings.

The petition stands disposed of in the aforesaid

terms.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 11.08.2022 Transmission Date