Disposed

Damodar Valley Corporation And O v. Bihar Foundary And Casting Ltd.

Jharkhand HC21 Apr 2016LPA/32/2004

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of an appeal filed by Damador Valley Corporation against a writ order regarding a separate electric connection granted to another entity and the recovery of penal charges from the respondent.

What did the court decide?

The appeal stood disposed with the respondent satisfied that the quantum of penalcharges for the period before September 30, 2000 was left open for the appellant to decide.

Damodar Valley Corporation And O Vs Bihar Foundary… — Service and Employment | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A No. 32 OF 2004

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1.Damodar Valley Corporation, a Corporation constituted under Damador Valley Corporation Act 1948 having its Headquarters at D.V.C Towers, VIP Road, PO & PS V.I.P Road, Kolkata – 700054

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2.The Chief Engineer (Commercial), Damador Valley Corporation, D.V.C Towers, VIP Road, PO & PS V.I.P Road, Kolkata – 700054

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3.The Superintending Engineer (Electrical) Grid Operation & Maintenance Division – 5, Damador Valley Corporation, D.V.C Towers, VIP Road, PO & PS V.I.P Road, Kolkata – 700054

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4.The Chairman, Damador Valley Corporation, D.V.C Towers, VIP Road, PO & PS V.I.P Road, Kolkata – 700054 Appellants

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Versus

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Bihar Foundry & Castings Ltd., a Company incorporated under the Companies Act 1956 having its registered office at Main Road, Ranchi, PO Ranchi, PS Kotwali, Town & District Ranchi

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Respondent

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For the Appellant/Petitioner: M/s.R.N.Sahay, Senior Advocate, S.K.Ughal, T.Kabiraj, Advocate For the Respondents M/s.Ajit Kumar, Senior Advocate, Nitin Pasari, Advocate

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CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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------

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Dated: 21st April, 2016 Per Virender Singh, C.J.:

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Damador Valley Corporation (hereinafter called as D.V.C) was the respondent before the Writ Court. Being aggrieved of the order dated 26^th June, 2003 passed in CWJC No.1791/2001, D.V.C has filed the instant appeal.

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2. Heard learned counsel for both the sides.

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3. At the very outset, our attention has been drawn to the operative part of the impugned order (para 9). During the course of arguments, it transpired that in the year 2003 M/s.Gautam Ferro Alloys Limited got a separate electric connection from D.V.C on the order by this Court dated 20.11.2002 in Civil Revision No.344/2002. Learned counsel for the respondent, thus, submitted that perhaps at this stage the respondent-writ petitioner may not need enhanced contract demand as it

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was earlier asked for from 6000 KVA to 10000 KVA. So far as penal charges to be recovered from the respondent-writ petitioner for the period during which the writ petitioner exceeded the contract demand before 30^th September, 2000, the said issue cannot be adjudicate in the present proceeding and in terms of the impugned order itself, it has been left open to D.V.C to decide and determine the quantum of charges to be recovered from the respondent. This, in our view, should satisfy D.V.C.

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4. Viewed thus, nothing remains in the instant appeal to prosecute any further. The appeal stands disposed of.

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(Virender Singh, C.J.)

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(Shree Chandrashekhar,J.)

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dey

Damodar Valley Corporation And O v. Bihar Foundary And Casting Ltd.

Case brief

What is this about?

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Damodar Valley Corporation And O v. Bihar Foundary And Casting Ltd.

Case brief

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What did the court decide?

What the court decided

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