Cesu v. Paradeep Phosphates
Case brief
What is this about?
The Court dismissed the petitioner's writ petition seeking to quash BIFR orders granting financial concessions to Paradeep Phosphates. Holding that the statutory appeal remedy precluded the writ, the Court also ruled on merits that BIFR had jurisdiction under Section 19 SICA to bind utility authorities. Non-service objection was rejected as the petitioner received notices.
What the court decided
A compact analysis
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.
HIGH COURT OF ORISSA, CUTTACK
W.P.(C) No.3440 of 2009
From the law of Electricity & Challenging the order of BIFR directing to exempt the O.P. No.1 from the payment of minimum demand charges for the period of seven years.
………
Central Electricity supply Utility of Oidhsa, now Tata Power Central Distribution Ltd (as amended) :::: Petitioner.
-:: VERSUS ::-
Paradeep Phosphates Ltd. & Another ::: Opposite Parties
Advocate(s) who appeared in this case by Video Conferencing mode:-
| For petitioner | … Mr.N.C.Panigrahi, Sr. Adv, S.R. Panigrahi, G.S.Dash. N.K.Tripathy and N.C.Nayak (Advocates) |
|---|---|
| For opposite parties | … Mr.Asok Mohanty, Sr. Adv |
| S.P.Sarangi, D.C.Das, | |
| P.K.Das, A. Das and | |
| S.Satyakam. | |
| … | (Advocates) …… |
P R E S E N T :
Issues for consideration
3 issues framed by the court
Whether an appeal to the AAIFR under Section 25 of SICA precludes a writ petition challenging the BIFR order on the ground of non-service of notice.
Whether the BIFR had jurisdiction under Section 19 of SICA to direct a utility authority to provide financial concessions to a sick industrial company.
Whether the petitioner was deputedally heard regarding the BIFR proceedings when correspondence was received by the Chairman but not forwarded to the CEO.
Parties & counsel
- petitioner
Central Electricity Supply Utility of Orissa / Tata Power Central Distribution Ltd.
- respondent
Paradeep Phosphates Ltd.
- respondent
Another
Coram
Case details
As recorded by the court registry
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