CHANDIGARH PAPER BOARD MILLS PVT LTD Vs. CHIEF ENGINEER, ELECTRICITY DEPARTMENT, U T, CHANDIGARH & ORS

JUDGEMENT

(1.) The petitioners seeks for a mandate against the respondents not to recover the monthly minimum electricity charges from the petitioner-factory for the period when the petitioner-factory had been closed and it was sought to be reconstructed by the intervention of the Board of Industrial and Financial Reconstruction (for short, BIFR). The petitioner's plea for restrain against the respondents is anchored to a scheme which was finalized by the proceedings of BIFR on 19.08.1994. The details of outstandings to various institutions had been considered and as regards the Union Territory the relevant clauses are as under:-

(2.) The petitioner's contention is that the arrears of electricity to the tune of Rs. 10 lacs as already been paid and writ petition itself is only for a waiver of the minimum demand charge aggregating to '6.55 lacs through the closure period.

(3.) The respondent would state that the petitioner had approached this Court for a similar relief earlier in CWP No.10583 of 1994 which was dismissed on 30.11.1994. I have seen through the order and it pertains to the electricity dues of Rs. 10 lacs which the scheme makes reference to. The scheme only provides for payment in the installments and does not absolve the petitioner of the liability. There could not have been therefore a lawful plea for waiver of the dues in terms of the scheme. However that was the policy and this Court had rightly rejected the petitioner's claim. The Court had also observed that the Court was considering not the final scheme that has come about on 19.08.1994 but it was making reference to an order passed by BIFR on 06.06.1994 and held the same to be recommendatory. Those observations need not detains us here, since we are not concerned about any interim order passed by BIFR but a scheme which was finalized and circulated to all parties including the Chandigarh Administration, as the copy of the scheme itself provides the addresses of persons to whom the scheme was circulated.