Jaipur Vidhyut Vitaran Nigam Limited vs Balkrishana Industries ...
2023 Latest Caselaw 10807 Raj

Rajasthan High Court - Jodhpur

Jaipur Vidhyut Vitaran Nigam Limited vs Balkrishana Industries ... on 15 December, 2023

Bench: Manindra Mohan Shrivastava, Rajendra Prakash Soni

[2023:RJ-JD:43985-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
                    D.B. Spl. Appl. Writ No. 1032/2023

1.        Jaipur Vidhyut Vitaran Nigam Limited, (Jvvnl) Through Its
          Managing Director, Vidyut Bhawan, Near Jyoti Nagar,
          District - Jaipur, Rajasthan.
2.        Chief Engineer (Commercial), Jaipur Vidyut Vitaran Nigam
          Limited, Vidyut Bhawan, Near Jyoti Nagar, District- Jaipur,
          Rajasthan.
3.        Accounts Officer (Ht-B), Jaipur Vidyut Vitaran Nigam
          Limited, Vidyut Bhawan, Near Jyoti Nagar, District- Jaipur,
          Rajasthan.
                                                                     ----Appellants
                                       Versus
Balkrishana Industries, A-300 To 305 And E-306 To 313, Riico
Industrial Area, Bhopanki, Bhiwadi, District- Alwar, Rajasthan.
Through Its Sr. Dy. General Manager (Eei), Rajesh Agarwal S/o
Shri Rampat Gupta Aged - 50 Years, Resident Of 707, Elena 1
Kajaria Greens, Bhiwadi, District - Alwar.
                                                                    ----Respondent


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



     HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

                 HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Judgment

15/12/2023

1. 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.

2. Heard.

3. 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

[2023:RJ-JD:43985-DB] (2 of 2) [SAW-1032/2023]

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.

4. 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.

5. 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.

6. 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.

7. Disposed off accordingly.

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

102-Mohan/Divya

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