Ms Maithan Ceramics Ltd Trhough One of Its Director Binod Kumar Agarwal Vs. Jharkhand Urja Vikas Nigam Limited Through Its Chairman Cum Managing Director and Ors - Court Judgment

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No. 4897 of 2015 IN L.P.A. No. 481 of 2015 WITH I.A. No. 4898 of 2015 IN L.P.A. No. 482 of 2015 WITH I.A. No. 4896 of 2015 In L.P.A. No. 483 of 2015 WITH I.A. No. 4901 of 2015 In L.P.A. No. 484 of 2015 ---- M/s. Maithan Ceramics Ltd. … Appellant (In L.P.A. No. 481/15) --- M/s. Maithan Coal Co. Pvt. Ltd. … Appellant (In L.P.A. No. 482/15) --- 1.M/s. Mugma Coke Oven Pvt. Ltd.

2. M/s. Shree Dwarka Bee Hive Plant Pvt. Ltd. Appellants (In L.P.A. No. 483/15) --- 1. M/s. Arun Refractories 2. M/s. Sharad Refractories Pvt. Ltd.

3. M/s. Associated Ceramics Ltd. … Appellants (In L.P.A. No. 484/15) Versus Jharkhand Urja Vikas Nigam Ltd. & ors.… Respondents (In all cases) --- CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE P.P. BHATT --- For the Appellants : Mr. M.S. Mittal, Sr. Advocate Mrs. Shilpi John, Advocate For the Respondents : Mr. Ajit Kumar, Sr. Advocate Mr. Mukesh Kumar Sinha, Advocate Ms. Aprajita Bhardwaj, Advocate -- Order No.04/Dated:

4. h September, 2015 Per Virender Singh, C.J.

L.P.A. No. 482 of 2015 Admit. Notice to the respondents. Ms. Aprajita Bhardwaj, learned assisting counsel to Mr. Ajit Kumar, learned senior counsel and appearing counsel for the respondents, accepts notice. Service is thus complete. To be heard along with L.P.A. No. 305 of 2015. 2 I.A. No. 4898 of 2015 In L.P.A. No. 482 of 2015 Notice to the respondents. Ms. Aprajita Bhardwaj, learned assisting counsel to Mr. Ajit Kumar, learned senior counsel and appearing counsel for the respondents, accepts notice. Service is thus complete. Applicant-appellant Company has been issued letter No. 1710 dated 24.06.2015 (Annexure-12) for disconnection of the electricity connection making a demand of Rs.8,13,805/- only. Mr. Mittal, learned senior advocate, states that the applicant-appellant has deposited the entire principal amount and that the Delayed Payment Surcharge (DPS) due from the applicant-appellant as on that date is Rs.5,92,089/-. He seeks stay of the recovery of the said amount. The issue cropped up in the instant appeal is primarily the same as has arisen in L.P.A. No. 305 of 2015. In the said appeal, by way of interim relief, the applicant-appellant therein was directed to deposit the principal amount within some stipulated period and with regard to the payment of Delayed Payment Surcharge installments were made considering upon the amount due and the grounds taken with regard to the financial crunch of the Company. Applicant- appellant therein was also given the liberty of furnishing bank guarantee to the extent of 50% towards the total amount of Delayed Payment Surcharge. Mr. Ajit Kumar does not controvert the statement made by Mr. Mittal at the Bar with regard to deposit of the principal amount. Applicant-appellant is directed to furnish bank guarantee with regard to 50% of the amount towards Delayed Payment Surcharge and the remaining 50% shall be deposited in two equal installments, the first installment to be paid on or before 30th September, 2015 and the second installment by 31st October, 2015. Electricity connection of the applicant-appellant shall not be disconnected enabling the applicant-appellant to comply with the aforesaid directions. It is, however, made clear that in the event of any default of making the payment, as stated hereinabove, the respondents shall be at liberty to resort to all the coercive methods. I.A. No. 4898 of 2015 stands disposed of. L.P.A. No. 483 of 2015 Admit. Notice to the respondents. Ms. Aprajita Bhardwaj, learned assisting counsel to Mr. Ajit Kumar, 3 learned senior counsel and appearing counsel for the respondents, accepts notice. Service is thus complete. To be heard along with L.P.A. No. 305 of 2015. I.A. No. 4896 of 2015 In L.P.A. No. 483 of 2015 Notice to the respondents. Ms. Aprajita Bhardwaj, learned assisting counsel to Mr. Ajit Kumar, learned senior counsel and appearing counsel for the respondents, accepts notice. Service is thus complete. Relief granted, while disposing of the I.A. No. 4898 of 2015 in L.P.A. No. 482 of 2015, shall also govern the instant interlocutory application, making it more clear that in case the applicant-appellant has already deposited the principal amount towards the bill now raised, electricity connection of the applicant- appellant shall not be disconnected enabling the applicant-appellant to comply with the aforesaid directions, making it clear that in the event of default of making the payment in the manner indicated, the respondents shall be at liberty to resort to all the coercive methods. I.A. No. 4896 of 2015 stands disposed of accordingly. L.P.A. No. 484 of 2015 Admit. Notice to the respondents. Ms. Aprajita Bhardwaj, learned assisting counsel to Mr. Ajit Kumar, learned senior counsel and appearing counsel for the respondents, accepts notice. Service is thus complete. To be heard along with L.P.A. No. 305 of 2015. I.A. No. 4901 of 2015 In L.P.A. No. 484 of 2015 Notice to the respondents. Ms. Aprajita Bhardwaj, learned assisting counsel to Mr. Ajit Kumar, learned senior counsel and appearing counsel for the respondents, accepts notice. Service is thus complete. Respondents have raised following four different bills with regard to three different industries, the details thereof are as under: “a. Appellant No.1 (i) Principal Amount of Fuel Surcharge -Rs.1,65,180/- (ii) Interest uptil December 2003 -Rs. 38,511/- (iii) Interest on arrear fuel surcharge -Rs.4,25,582/- Total comes to Rs. 6,29,273/- 4 b. Appellant No.2 (iv) Principal Amount of Fuel Surcharge -Rs.2,90,938/- (v) Interest on arrear fuel surcharge -Rs.9,26,944/- Total comes to Rs.12,17,882/- c. Appellant No.3[ Consumer No.-KD-445] (vi) Principal Amount of Fuel Surcharge -Rs.14,77,687/- (vii)Interest on arrear fuel surcharge -Rs.50,99,984/- Total comes to Rs.65,77,671/- d. Appellant No.3[ Consumer No.-KD-519] (viii) Principal Amount of Fuel Surcharge -Rs.3,24,878/- (ix) Interest on arrear fuel surcharge -Rs. 10,75,375/- Total comes to Rs.14,00,253/-” Mr. Mittal, learned senior advocate, states that so far as principal amount is concerned with regard to the aforesaid three different industries, the same already stands deposited. With regard to payment of due towards Delayed Payment Surcharge (DPS), Mr. Mittal prays for the same interim relief as granted in L.P.A. No. 305 of 2015 along with analogous cases. So far as appellant Nos. 1 & 2 are concerned, they are given the liberty of clearing 50% of the Delayed Payment Surcharge within two equal installments ending on 31st October, 2015. Appellant No.3 shall deposit the said amount in three equal installments, the first installment to be due by 30th September, 2015, the second by 31st October, 2015 and the third and the last one by 30th November, 2015. For remaining 50%, all the three appellants shall furnish three different Bank Guarantees individually. Since the principal amount has already been deposited by the applicant- appellant as stated by Mr. Mittal at the Bar, their electricity connections shall not be disconnected enabling them to comply with the aforesaid directions within the stipulated period as indicated hereinabove. It is, however, made clear that in the event of default of making the payment, as indicated hereinabove, the respondents shall be at liberty to resort to all the coercive methods. I.A. No. 4901 of 2015 stands disposed of accordingly. L.P.A. No. 481 of 2015 List again on 8th September, 2015. (Virender Singh, C.J.) (P.P. Bhatt, J.) APK/SB/LAK