New Tech Steel and Alloys Pvt. Ltd. v. the State of Assam and 2ORS
Case brief
What is this about?
Gauhati High Court; Sanjay Kumar Medhi J; WP(C)/4644/2022; New Tech Steel and Alloys Pvt Ltd; State of Assam; APDCL; Deputy Manager Kanch Electrical Circle; electricity bill; supplementary bill; notice dated 30.06.2022; demand Rs. 2,30,37,046.02/-; disconnection of electricity; Assistant Engineer (D1) Ajmer Vidyut Vitran Nigam Ltd v Rahamatullah Khan (2020) 4 SCC 650; WP(C)/3524/2021 M/s Rahman Properties Ltd v APDCL; interim order 18.07.2022; recovery liberty; limitation not enlarged; Rs. 25 lakh deposit adjustment; disposed at admission stage.
What did the court decide?
Writ petition pending since 2022 disposed of at the admission stage, following Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Ltd. v. Rahamatullah Khan, (2020) 4 SCC 650, with directions: (a) no disconnection of electricity to the petitioner's establishment on the basis of the bill dated 30.06.2022; (b) authority to raise supplementary bill untouched, but no disconnection on the basis of that supplementary demand; (c) liberty to respondents to recover the amount as permissible in law, petitioner free to raise all grounds urged in the writ petition and other lawful defenses; (d) recovery liberty not to be construed as enlarging limitation; (e) petitioner may apply for adjustment of the Rs. 25 lakh interim deposit, to be considered by APDCL in accordance with law.