Dismissed

M/S Ambuja Electrocastings Ltd. v. Bihar State Electricity BOARDand

Patna HC4 Feb 2015CWJC/6035/1996

Case brief

AI extract

What is this about?

The Patna High Court disposed of three writ petitions where petitioners sought proportionate deductions for electricity charges due to improper billing by the Bihar State Electricity Board. While noting a relevant Supreme Court precedent, the court directed the Chief Engineer to examine pending representations and decide them within three months.

What did the court decide?

Directing the Chief Engineer to examine pending representations and decide them within three months.

M/S Ambuja Electrocastings Ltd. Vs Bihar… — Contract and Commercial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6035 of 1996 =========================================================== M/S Ambuja Electrocastings Ltd. .... .... Petitioner/s Versus Bihar State Electricity Board& .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6524 of 1996 =========================================================== M/S Hajipur Roller Flour Mills .... .... Petitioner/s Versus Bihar State Electricity Board& .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6525 of 1996 =========================================================== M/S Vijay Roller Flour Mills .... .... Petitioner/s Versus Bihar State Electricity Board& .... .... Respondent/s =========================================================== Appearance : (In CWJC No. 6035 of 1996) For the Petitioner/s : Mr. S.S.REKHI, Adv. For the Board : Mr. Vinay Kirti Singh, Adv. (In CWJC No. 6524 of 1996) For the Petitioner/s : Mr. S.S.REKHI, Adv. For the Board : Mr. Vinay Kirti Singh, Adv. (In CWJC No. 6525 of 1996) For the Petitioner/s : Mr. S.S.REKHI, Adv. For the Board : Mr. Vinay Kirti Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-02-2015

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Shivaji Pandey Heard counsel for the petitioner and the Bihar State Electricity

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Board.

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In these three writ petitions, petitioners have claimed the similar

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Patna High Court CWJC No.6035 of 1996 dt.04-02-2015

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2/2

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relief and, as such, they are disposed of by this common order.

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The grievance of petitioners is that though the Bihar State Electricity Board (for short, the ‘Board’) has not raised the proper bill for the period 1995-97, without supplying electricity in terms of the agreement demanded money dehors to all law, made a prayer in view of the judgment reported in the case of Bihar State Electricity Board vs. Dhanwat Rice & Oil Mills reported in AIR 1989 SC 1030 the AMG charge should be reduced proportionate to supply of power made to the petitioners.

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Relied on Clause-1(a) (Annexure-2) the Board was required to supply consistent and continuous electrical energy and relying on clause-13 of the agreement, prayed for proportionate deduction of AMG charge

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In the writ petitions, petitioners have not annexed the copy of application, though they submit that they have filed the representation before the Chief Manager, Patna Electric Supply Undertaking which are still pending consideration.

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If applications are pending, the Chief Engineer, PESU or the Chief Engineer, Commercial South Power Distribution Ltd will examine their representation and will decide the matter expeditiously, preferably within a period of three months from the date of receipt/production of copy of this order.

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With the above observation/direction, these petitions are disposed

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of.

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(Shivaji Pandey, J)

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Jay/U

M/S Ambuja Electrocastings Ltd. v. Bihar State Electricity BOARDand

Case brief

What is this about?

What did the court decide?

M/S Ambuja Electrocastings Ltd. v. Bihar State Electricity BOARDand

Case brief

What is this about?

What did the court decide?

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