BINOD COMMERCIAL COMPANY Vs. EXECUTIVE ENGINEER (ELECTRICAL)

JUDGEMENT

(1.) This writ petition has been filed seeking a direction for quashing of the impugned letter dated 15.5.2006 vide Annexure-5 with further direction to the opposite party nos.1 to 4 to supply electricity to the industrial unit of the petitioner.

(2.) The factual background involved in this case is that the erstwhile employer of the petitioner-establishment M/s. Sakhi Gopal Forging Industries was seized by the Orissa State Financial Corporation in exercise of power under Section 29 of the State Financial Corporation Act, 1951 hereinafter in short called as "OSFC Act, 1951" on the ground of defaulter in making payment.

(3.) Shri Udgata, learned counsel for the petitioner taking aid of the provisions contained in the aforesaid Act and regulation made therein, submitted that non-supply of power to the petitioner's establishment on account of non-clearance of the outstanding of the erstwhile employer, is improper. Taking aid of decisions of the Hon'ble Apex Court and also of this Court and for support of the decisions to the case of the petitioner, Shri Udgata, requested this Court for allowing the writ petition.