WPMS/1012/2021
2021 Latest Caselaw 1752 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
         ON THE 27TH DAY OF MAY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1012 of 2021

BETWEEN:

M/s Uttaranchal Iron & Ispat Ltd.               ...Petitioner
     (By Mr. Vishal Dixit and Mr. Siddhartha Jain, Advocates)

AND:
State of Uttarakhand and others.            ...Respondents
     (By Mr. Devesh Ghildiyal, Brief Holder for the State of
     Uttarakhand and Mr. Dharmendra Barthwal, Advocate for
     U.P.C.L.)


                      JUDGMENT

By means of this writ petition, petitioner has sought following reliefs:

"I. Issue writ order or direction in the nature of mandamus by commanding the Uttarakhand Power Corporation to accept the entire dues upto the filing of the present writ petition be accepted in 12 equal bimonthly installment from the petitioner.

II. Issue writ order or direction in the nature of mandamus commanding the respondents to restore the electricity connection of the petitioner after accepting Rs.50 lacs or the amount as directed by this Hon' ble court after looking the present situation of the company."

2. Learned counsel for the petitioner has drawn attention of this Court to the order dated 25.02.2021 passed by Executive Engineer, Electricity

Distribution Division, Uttarakhand Power Corporation Ltd., Kotdwar. By the said order, petitioner has been asked to pay a sum of ` 7,82,14,651/- towards electricity charges in six bimonthly installments.

3. Learned counsel appearing for the U.P.C.L. submits that the present liability of the petitioner is more than ` 9,50,00,000/-.

4. Learned counsel for the petitioner submits that petitioner company has been taken over by new promoters, who are willing to re-pay the entire outstanding dues towards electricity charges, however, he submits that since the unit is lying closed for quite some time, therefore, it is not possible for the new promoters to arrange for re-paying the huge liability towards electricity charges before 25.02.2022, which is the last date for deposit of 6th installment.

5. Having regard to the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioner to approach the Competent Authority in U.P.C.L. by making a representation. If such representation is made within three days from today, alongwith deposit of ` 25,00,000/- to show his bona fide, then the Competent Authority shall consider petitioner's request/representation and take appropriate decision thereupon, in accordance with law, within one week thereafter.

(MANOJ KUMAR TIWARI, J.) Arpan