Disposed

S. Steel Complex Ltd., v. Kerala State Electricity Board.

Kerala HC14 Dec 2011WP(C)/15159/2005

Case brief

AI extract

What is this about?

In this writ petition filed by a sick industrial unit seeking restoration of power supply and quashing of disconnection proceedings, the court directed discharge of dues within three months via payment or land transfer and disposed of the petition.

What did the court decide?

Directed petitioner to discharge entire dues within 3 months by money or land transfer; writ petition disposed of.

S. Steel Complex Ltd., Vs Kerala State… — Contract and Commercial Disputes | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE B.P.RAY

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WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933

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WP(C).No. 15159 of 2005(D)

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PETITIONER(S):

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----------------------

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M/S. STEEL COMLPLEX LTD., POST BOX NO.42, FEROKE-673 631, KOZHIKODE REPRESENTED BY ITS MANAGING DIRECTOR, MR. UNNEENKUTTY.

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BY ADVS. SRI. ANTONY DOMINIC

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SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH

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RESPONDENT(S):

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-------------------------

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1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.

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2. SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.

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3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, VENNIYOOR, MALAPPURAM DISTRICT.

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4. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO POWER DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SRI. VIJULAL FOR R4

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SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1-R3 SRI. P. SANTHALINGAM, SC FOR KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 15159 of 2005(D)

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: COPY OF THE ORDER DATED 23.05.1995 PASSED BY THE BIFR CASE NO. 614/92.

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P2: COPY OF THE ORDER DATED 21.01.1995 G.O.(RT) NO.52/95/ID.

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P3: COPY OF THE PROCEEDINGS OF THE BIFR DATED 08.02.2002, CASE NO.614/1992.

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P4: COPY OF THE PROCEEDINGS OF THE BIFR DATED 17.11.2003, CASE NO. 614/1992.

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P5: COPY OF THE GOVERNMENT ORDER DATED 06.09.2003, G.O.(MS)NO.1-2/2003/ID.

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P6: COPY OF THE LETTER DATED 1.01.05 ISSUED BY THE 2ND RESPONDENT, NO.HTB 9/735/04-05/5.

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P7: COPY OF THE LETTER DATED 10.01.05 NO.SCL.07/3Q.4/1161 PETITIONER TO THE 2ND RESPONDENT.

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P8: COPY OF THE LETTER DATED 15.03.05 ISSUED BY THE 2ND RESPONDENT, HTB 9/735/04-05/287.

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P9: COPY OF THE LETTER DATED 23.03.05 NO. SCL.07/3Q.4/1624 PETITIONER TO THE 2ND RESPONDENT.

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P10: COPY OF THE LETTER DATED 06.04.05 ISSUED BY THE 2ND RESPONDENT, NO.HTB9/735/04-05/379.

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P11: COPY OF THE LETTER DATED 16.04.05 NO.SCL.07/3Q-4/114 PETITIONER TO THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

PA TO JUDGE

B.P.RAY, J.

W.P.C. NO. 15159 OF 2005

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- - - - Dated this the 14^th day of December, 2011

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J U D G M E N T

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Heard the learned counsel for the petitioner and the

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learned standing counsel for the KSEB.

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Petitioner has filed this Writ Petition with the

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following prayers:

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“i) issue a writ or certiorari or other appropriate writ order, or direction, quashing all proceedings resulting in disconnection of power supply to the petitioner's SCL RMU and Exts. P7, P8 and P10.

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ii) issue a writ of mandamus or other appropriate writ order, or direction, directing the respondents to restore power supply of SCL RMU forthwith;”

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3. The petitioner is a sick industrial unit and now the

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unit has going to be revived by entering into a joint venture

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W.P.C.No.15159/2005

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-2-

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agreement. Learned counsel for the petitioner submits that entire dues against the petitioner towards the Board shall be settled by transferring some land to KSEB.

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Let the entire exercise be completed within 3 months from today and I direct the petitioner to pay the amount either in terms of money or in terms of land within three months from today.

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Writ petition is disposed of accordingly.

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B.P. RAY, JUDGE.

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S. Steel Complex Ltd., v. Kerala State Electricity Board.

Case brief

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S. Steel Complex Ltd., v. Kerala State Electricity Board.

Case brief

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