The High Court of Jharkhand dismissed two writ petitions seeking recalculation of fuel surcharge rates, holding that the matter was fully covered by a prior judgment fixing the Bihar State Electricity Board's rates as non-interferable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P. (C) No. 813 of 2011
With
W.P. (C) No. 814 of 2011
1.M/s JMT Auto Ltd. a company incorporated under the Companies Act, 1956 having its accounts and project office at C-19/20, 7th Phase, Adityapur Industrial Area, P.O. & P.S. Adityapur, District Saraikela Kharsawan through its Managing Director Rajeev Singh Duggal, Son of Late P.S. Duggal, resident of Jublee Road, P.O. & P.S. Bistupur, Town, Jamshedpur, District Singhbhum East
... ... ... Petitioner (In 813 of 2011)
... ... .... .... Petitioner (In 814/2011)
Versus
CORAM: THE HON’BLE MR. JUSTICE PRASHANT KUMAR
............
For the Petitioners : Mr. Shankar Lal Agrawal, Advocate (In both cases) For the B.S.E.B. : M/s Manoj Tandon, Shiv Shankar Kumar
6/14.05.2015
In these cases, petitioners have prayed for recalculation of the rate of fuel surcharge as per the decision given by the Patna High Court as well as by the Hon'ble Supreme Court in M/s Pulak Enterprises Case . It appears that a detailed judgment has been given by this Court on 08.05.2015 in C.W.J.C. No. 2758 of 2000, M/s Tata Yodogawa Ltd. Versus Bihar State Electricity Board and Others and it has been held that the fuel surcharge fixed by the Bihar State Electricity Board does not require any interference. The case of petitioners is fully covered by the said judgment.
Accordingly, I dismiss these writ applications in terms of
the aforesaid judgment.
(Prashant Kumar, J.)
Binit
1 issue framed by the court
Whether the petitioners are entitled to recalculation of fuel surcharge rate as per higher court decisions.
M/s JMT Auto Ltd.
M/s JMT Auto Ltd. (Unit-2)
Jharkhand State Electricity Board
Bihar State Electricity Board
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
