Ajmer Vidhyut Vitran Nigam Limited ... vs J.K. Cement Limited ...
2023 Latest Caselaw 10805 Raj

Rajasthan High Court - Jodhpur

Ajmer Vidhyut Vitran Nigam Limited ... vs J.K. Cement Limited ... on 15 December, 2023

Bench: Manindra Mohan Shrivastava, Rajendra Prakash Soni

[2023:RJ-JD:43984-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

                                    JODHPUR

                  D.B. Spl. Appl. Writ No. 1031/2023

                                           IN

             S.B. CIVIL WRIT PETITION NO. 2789/2013.

1.       Ajmer Vidhyut Vitran Nigam Limited (AVVNL) through its

         Managing Director, City Power House, Hati Bhata, District

         - Ajmer, Rajasthan, now located at Vidyut Bhawan,

         Panchsheel Nagar, District - Ajmer, Rajasthan.
2.       Chief Engineer (Commercial), Ajmer Vidyut Vitran Nigam

         Limited, City Power House, Hati Bhata, District - Ajmer

         Rajasthan, now located at Vidyut Bhawan, Panchsheel

         Nagar, District - Ajmer, Rajasthan.
3.       Senior Accounts Officer, Ajmer Vidyut Vitran Nigam

         Limited, City Power House, Hati Bhata, District - Ajmer

         Rajasthan, now located at Vidyut Bhawan, Panchsheel

         Nagar, District - Ajmer, Rajasthan.
                                                                     ----Appellants
                                       Versus
J.K. Tyre and Industries Limited [Formerly known as J.K.

Industries Limited] Having its Registered Office at 7, Council

House Street, Kolkata - 700 001 and Factory at Jay Kay Gram

Kankroli, District- Rajsamand, Rajasthan. Through its Vice

President (Finance) & Authorized Signatory Anil                        Mishra S/o

Yogendra Nath Mishra, Aged 46 years, Resident of A-7, Jay Kay

Colon, Kankroli, District-Rajsamand, Rajasthan
                                                                    ----Respondent


For Appellant(s)             :     Mr. Vinay Kothari
For Respondent(s)            :     Mr. Lalit Pareek



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 [2023:RJ-JD:43984-DB]                   (2 of 3)                     [SAW-1031/2023]


     HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

                 HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Judgment

15/12/2023

1. Learned counsel for the appellants would submit that the

cause title contains many typographical mistakes, therefore, an

amended cause title has been filed.

2. The amended cause title is taken on record in substitution of

the cause title already on record.

3. As issue raised in this appeal has already been decided in

similar appeal, despite there being defects, we are inclined to

dispose of this appeal also.

4. Heard.

5. Learned counsel for the appellant would submit that while

disposing off the writ petition by impugned order, the learned

Single Judge has not considered that even though the respondent

writ petitioner was required to pay the water conservation cess

and electricity duty, which liability remained suspended because of

the operation of the interim order, the delay in payment now

would also invite payment of late payment surcharge.

6. Learned Counsel appearing for respondent on advance notice

would submit that this point was neither raised nor decided by the

learned Single Judge because this was not an issue.

7. Be that as it may, we find that the issue which is now being

raised by the appellants before this Court now, falls for

consideration by the learned Single Judge.

[2023:RJ-JD:43984-DB] (3 of 3) [SAW-1031/2023]

8. Without commenting upon the merits, this Court is inclined

to disposed off the appeal while leaving it open for the appellants

to apply for review before the learned Single Judge. We may

hasten to add that we have not commented upon the merits of the

case. Limitation will not come as an impediment in seeking review

if the application is filed within a period of thirty days from today.

9. Disposed off accordingly.

(RAJENDRA PRAKASH SONI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

S101-Mohan/Divya

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