IN THE HIGH COURT OF JHARKHAND AT RANCHI I. A. No. 5989 of 2013 with I. A. No. 5347 of 2013 with I. A. No. 4096 of 2013 in L. P. A. No. 217 of 2013 Tata Yodogawa Limited, Jamshedpur … … Appellant Versus Jharkhand State Electricity Board & others… … Respondents CORAM : HON'BLE THE ACTING CHIEF JUSTICE : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Appellant : M/s. M. L. Verma & M. S. Mittal, Senior Advocate, Shilpi John, Advocate For the Respondents : Mr. Anil Kumar Sinha, Senior Advocate For the State : Mr. Ajit Kumar, A.A.G. 05/Dated: 10th September, 2013 Per D.N. Patel, A.C.J.
I. A. No. 5989 of 2013:
1. This application has been preferred for amendment in the memo of the letters patent appeal for the reason that after the impugned judgment dated 2nd May 2013 in C.W.J.C. No. 852 of 2000 (R) was delivered, Civil Review Case No. 40 of 2013 was decided vide order dated 17th July 2013. Meanwhile, memo of the letters patent appeal was already filed before this Court and said letters patent appeal was admitted vide order dated 3rd July 2013.
2. Having heard counsel for both the sides and looking to the facts and circumstances of the case and also looking to paragraph 49 and 60 of the memo of appeal and also looking to the fact that Civil Review no. 40 of 2013 was decided on 17th July 2013 and also looking to the fact that the grounds taken during the course of the arguments of the impugned writ petition and also in the Civil Review require to be appreciated by this Court when finally deciding the dispute between the parties, this amendment will be helpful to this Court for deciding the lis between the 2 parties.
3. We therefore, allow this interlocutory application. Amendment shall be carried out on or before 19th of September, 2013.
4. Amended memo of letters patent appeal shall be filed in this Court and copy thereof should be given to the counsel for the respondents.
5. I. A. No. 5989 of 2013 is allowed and disposed of. I. A. No. 5347 of 2013:
6. This interlocutory application has been preferred for the following prayers: “(i) The respondent Board should not levy Delayed Payment Surcharge on the bills which has been raised afresh by them, since the existing bills have been found to be erroneous by the Learned Single Judge. (ii) No bill should be raised on the basis of the 1999 tariff schedule prior to the date of publication i.e. 06.04.2000 (April 2000) since it is settled law that no tariff can be given affect to before it is published in the Official Gazette. (iii) The respondents should be directed not to raise the bill on the basis of “instant tariff” i.e. 1993/1999 tariff schedule but on the basis of the tariff prevailing from time to time and not on the 1999 tariff schedule especially after its validity has expired.”
7. Having heard the counsel for both the sides and looking to the prayers made in this Interlocutory Application, it appears that I. A. No. 4096 of 2013 has already been preferred seeking stay of the order passed by the learned Single Judge in the writ petition. Moreover I. A. No. 5989 of 2013 has already been allowed for amendment. Thus, we see no reason to entertain this interlocutory application for the prayers made in this application. 3 This is nothing but the repetition of one of the prayers made in the interlocutory application for the stay which is I. A. No. 4096 of 2013 and therefore, this I. A. is hereby dismissed. I. A. No. 4096 of 2013:
8. The present application has been preferred seeking stay of the order passed by the learned Single Judge in the writ petition bearing no. C.W.J.C. No. 852 of 2000 (R).
9. Having heard the counsel for both the sides and looking to the facts and circumstances of the case it appears that, hearing of this interlocutory application will be as good as the final hearing of the letters patent appeal. Letters patent appeal has already been admitted vide order dated 3rd July 2013. 10. We are fixing the final hearing of the L. P. A. on 26 th September, 2013. Hence this interlocutory application is not entertained at this stage.
11. I. A. No. 4096 of 2013 stands disposed of in view the final hearing of the letters patent appeal fixed on 26th September, 2013. L. P. A. No. 217 of 2013:
12. Registry is directed to enlist the L.P.A. on the Board of “Final Hearing” on 26th September, 2013. (D. N. Patel, A.C.J.) (Shree Chandrashekhar, J.) R. Shekhar /Tanuj Cp 2