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Umesh Prasad Vs The Bihar State P — Banking and Recovery | Patna HC (2014)

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Patna HC
2014
Umesh Prasad Vs The Bihar State PUmesh Prasad v. The Bihar State P

Disposed

Umesh Prasad v. The Bihar State P

Patna HC4 Mar 2014CWJC/2184/2014

Case brief

AI extract

What is this about?

Allowed deposit of 50% assessed loss for restoration of electric connection pending appeal against assessment order.

What did the court decide?

Petitioner directed to deposit 50% of loss amount; connection to be restored within 48 hours.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2184 of 2014

====================================================== 1. Umesh Prasad Son Of Late Geeta Prasad Resident Of MohallaMachharhatta, P.S.- Barh, District- Patna .... .... Petitioner/s Versus 1. The Bihar State Power Holding Company Limited Through Its Managing Director, South Bihar, Vidyut Bhawan, Bailey Road, Patna 2. The Electrical Executive Engineer, Electric Supply, Barh 3. The Electrical Assistant Engineer, Electric Supply Sub-Division, Barh 4. The Electrical Junior Engineer, Electric Supply Branch, Barh Urban .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mani Bhushan Kumar For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

2 04-03-2014 Heard Mr. Mani Bhushan Kumar for the petitioner and Mr. Vinay Kirti Singh for the respondent South Bihar Power Distribution Company Ltd (for short “ the Company”).

As prayed by learned counsel for the petitioner, let appropriate correction in the name of the respondent no. 1 be made in course of the day.

The petitioner is L.T.I.S. consumer of the respondent Company. Electric connection vide No. 1220611 BH-5238 of 7.5 H.P. load was installed in the Flour Mill of the petitioner. An inspection was carried out by the team of officials of the respondent Company on 24.12.2013 wherein the petitioner was found engaged in commission of theft of energy by resorting to

Patna High Court CWJC No.2184 of 2014 (2) dt.04-03-2014

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner can be allowed to restore connection upon depositing 50% loss amount pending appeal.

Parties & counsel

AI extract

petitioner
Umesh Prasad
respondent
Bihar State Power Holding Company Limited

Coram

AI extract

Kishore Kumar Mandal

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 4 Mar 2014 · March
Registered: 24 Jan 2014
Case no.: CWJC/2184/2014

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Cite this judgement

Umesh Prasad v. The Bihar State P, CWJC/2184/2014 (PAT), decided on 4 March 2014.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Kishore Kumar Mandal

Parties & counsel

Outcome

Petitioner directed to deposit 50% of loss amount; connection to be restored within 48 hours.

Issue for consideration

Whether the petitioner can be allowed to restore connection upon depositing 50% loss amount pending appeal.

Detailed headnote1 paragraphs

The Court allowed the petitioner to restore electric connection upon deposit of 50% of the quantified loss amount within two weeks. This deposit was made subject to the result of the appeal against the assessing officer's order.

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.

2

methods which is punishable under the provisions of the Electricity Act (for short “the Act”). Following such inspection, an F.I.R. (Annexure-2) was lodged against the petitioner under diverse penal provisions of the Electricity Act. The electric connection of the petitioner’s industrial premises was disconnected. As per F.I.R., commission of theft of energy had caused loss to the Company to the tune of Rs. 3,43,784/-. The respondents have completed the proceeding for assessment of loss. It has been informed to this court that amount quantified and reflected in the F.I.R. has been quantified as the final assessment of loss sustained by the company.

Learned counsel for the petitioner submits that petitioner is without his business since December, 2013. It will be extremely difficult for him to pay the amount unless the electric connection is restored on deposit of portion thereof. The petitioner is ready and willing to deposit 50 % of the assessed amount i.e. Rs. 3,43,784/- for restoration of electric connection to his business premises which shall be subject to the final result of the appeal to be preferred by the petitioner against the assessment order passed by the Assessing Officer of the respondent Company.

If any such assessment order is passed, the same is appealable before the Appellate Authority in terms of Section 127

Patna High Court CWJC No.2184 of 2014 (2) dt.04-03-2014

3

of the Electricity Act. The petitioner has taken a fair stand before this Court that he would be filing appeal against the assessment order but in the meantime, he should be permitted to deposit 50 % of the loss amount for restoration of electric connection of the business premises of the petitioner subject to final result of the appeal.

Having heard the parties and keeping in focus the interest of justice, this Court is satisfied that the following order, in the facts and circumstances of the case, would meet the ends of justice:

Let the petitioner deposit 50 % of the loss amount quantified by the respondent(s) as Rs. 3,43,784/- within two weeks whereafter the respondent shall restore the electric connection of the business premises of the petitioner within 48 hours thereof. The said deposit of 50 % of the assessed amount shall be subject to the final result of the appeal which is proposed to be filed by the petitioner against the assessment order passed by the Assessing officer of the respondent Company. The arrangement made hereinabove shall continue until the disposal of the appeal.

The application is disposed of.

(Kishore Kumar Mandal, J)

Pankaj/-

CNR

BRHC010153742014

Topic

Banking and Recovery

Bench

Kishore K. Mandal

Disposal

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