This contest warrants prerogative writ jurisdiction. The Court disposed of a miscellaneous application directing relief for the respondent petitioner to suspend certain actions and pay outstanding dues.
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Patna High Court MJC No.497 of 2014 (6) dt.14-03-2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.497 of 2014
In
Civil Writ Jurisdiction Case No. 11313 of 2011
.... .... Petitioner Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Board : Mr. Anand Kumar Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
The petitioner moved this Court in C.W.J.C. No.11313 of 2011 against disconnection of its electric line as well as raising of bill, which he asserted not to be correct. Without going into merits of the case, the writ application was disposed of by order dated 22.7.2011 with the following observations:
Patna High Court MJC No.497 of 2014 (6) dt.14-03-2014
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merits of rival submissions of the parties. As potato is a perishable commodity, I direct the respondent authorities to restore the electric connection to the petitioners Cold storage immediately with the condition that (a) petitioners would deposit a sum of Rs.10 lakh with the Board or unit office by 28.7.2011 and a further sum of Rs.15 lakh by 2.9.2011 (b) they would continue to pay the current charges and arrears, if any”.
It appears that pursuant to the order of this Court, the petitioner deposited a sum of Rs.25 lacs and its electric line was restored. However, due to financial constraint the petitioner company could not pay the current energy charges as a result of which its electric supply was again disconnected on 6.6.2012. The petitioner submits that its financial position has now improved and he is willing to pay the arrears of energy as shown in the bill dated 27.12.2013.
Mr. Anand Kumar Ojha, learned counsel appearing for the Board submits that though the petitioner has preferred an appeal but he has not deposited the statutory amount as a result of which the appeal could not be taken up.
Considering the facts and circumstances of the case, this application is disposed of with the following terms::
(i) The petitioner would deposit the deficit statutory amount required for filing of an appeal within a period of three weeks from
Patna High Court MJC No.497 of 2014 (6) dt.14-03-2014
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today;
(Samarendra Pratap Singh, J)
KHAN/-
2 issues framed by the court
Whether to dispose of the miscellaneous application pending before the Court.
Whether to grant conditional restoration of electric supply pending deposit of arrears.
M/S Dhankuwar Cold Storage Pvt. Ltd.
The Bihar State Electricity Board
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
