Patna High Court
M/S Trishul Electro Casting ... vs The Bihar State Power (Holding) ... on 1 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18486 of 2022
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M/S Trishul Electro Casting Private Limited a Company Incorporated under
the Provisions of the Companies Act, 1956 having its Unit at Industrial Area,
Bettiah, District West Champaran, through its Director, Rajesh Kumar Todi,
aged 64 years, Son of Late Shambhu Nath Todi Resident of Ujjain Tola, Ward
No. 35, Bettiah, P.S. Bettiah, District West Champaran- 845438
... ... Petitioner/s
Versus
1. The Bihar State Power (Holding) Company Limited Vidyut Bhawan, Bailey
Road, Patna, through its Chairman-cum-Managing Director.
2. The North Bihar Power Distribution Company Limited, Vidyut Bhawan,
Bailey Road, Patna, through its Managing Director.
3. The General Manager (Revenue), North Bihar Power Distribution Company
Limited, Vidyut Bhawan, Bailey Road, Patna,
4. The Electrical Superintending Engineer (H.T.Cell), North Bihar Power
Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna,
5. The Electrical Superintending Engineer, Electric Supply Circle, Motihari,
District- East Champaran.
6. The Electrical Executive Engineer (H.T.Cell), North Bihar Power
Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suraj Samdarshi, Advocate
For the Respondent/s : Mr.Vinay Kirti Singh, Sr. Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-02-2023
Heard learned counsel for the parties.
The petitioner has prayed for the following relief(s):-
"1) For a direction to the respondent authorities
and in particular respondent no. 4 to accept the
proposal of the petitioner to pay the outstanding
energy dues, in 24 equal monthly instalments,
Patna High Court CWJC No.18486 of 2022 dt.01-02-2023
along with delayed payment surcharge,
considering the adverse business environment
on account of COVID-19.
ii) This Hon'ble Court may further hold and
declare that the proposal of the petitioner to pay
the outstanding energy dues, in 24 equal
monthly instalments, along with interest, in
addition to the regular monthly energy charges is
not prejudicial to the financial interest of the
respondents.
iii) For a direction to the respondent authorities
not to disconnect the electric supply of the
petitioner, who is ready and willing to pay the
outstanding energy dues in instalments.
iv) For a direction to the respondent authorities
to consider the case of the petitioner
sympathetically, as the outstanding dues is only
account of irregular business activity arising out
of COVID-19 crisis, which has been duly
acknowledged by the Central Government as
also the State Government.
v) To grant any other relief or reliefs for which
the petitioner may be found entitled to in the
facts and circumstances of the case."
The total amount due and payable as on 05.09.2022
was Rs. 3,37,44,879. The figure is broadly indicative of the
amount due and payable which is undisputed.
As prayed for, petitioner undertakes to deposit the
entire outstanding amount along with interest accrued thereupon
Patna High Court CWJC No.18486 of 2022 dt.01-02-2023
in 12 equal instalments, spread over a period of 12 months.
In this view of the matter, we dispose of the present
petition on the following mutually agreeable/acceptable terms:-
(a) The petitioner's undertaking is accepted and taken
on record, consequence of breach thereof explained.
(b) The petitioner shall pay the entire outstanding
amount along with interest accrued thereupon in 12 equal
instalments spread over a period of 12 months, commencing
from 8.2.2023.
(c) The petitioner undertakes to pay the current
charges, as and when the bill is raised.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Sujit/Rajiv
AFR/NAFR
CAV DATE
Uploading Date 03.02.2023
Transmission Date
