BINANI CEMENT LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner - Company aggrieved against the impugned communication of respondent Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. (RRVPNL for short) vide Annex.11 dated 21.12.2000, Annex.20 dated 11.3.2004 and Annex.23 dated 18.7.2005 whereby the respondents withheld payment of 30% of the amount due to be paid to the petitioner -company on account of power supply by Captive Power Plant of the petitioner - company to the respondent.

(2.) THE petitioner company has set -up cement manufacturing plant in the State of Rajasthan and it offered vide its letter dtd.7.7.1999 to sell surplus power to RSEB on the understanding that whatever rates are finalized by the RSEB for such supply of powers, would be given to the company also at the same rate. By the letter dtd.15.7.1999 of Director (Commercial) of RSEB addressed to the petitioner - Company, the respondent - RSEB requested the petitioner company to supply power to RSEB at system frequency not exceeding 50.0 hz., initially for a period of seven days to watch the satisfactory operation of arrangement.

(3.) THE said letter also stipulated that an electronic export meter to record supply of power from Company's generating station to RSEB Grid Sub -station has been installed at the Gird Sub -station and joint meter reading will be recorded in the presence of Executive Engineer (O and M), Sirohi/ Assistant Engineer (O and M/Meter) and Company's representative before start of supply of power to RSEB. A joint reading shall be recorded after a period of seven days. The rates of supply were to be finalized later with other terms and conditions. Accordingly, the petitioner started supplying power to the respondent RSEB from 10th July, 1999 even few days prior to this letter which continued throughout, but the dispute in the present case belongs to non -payment of 30% of such charges as were finalized later by the respondent RSEB between the period from 21.12.2000 to June, 2001. The petitioner has stated in the writ petition that complete payment for the period from 10th July, 1999 upto 20.12.2000 has been made by the respondents to the petitioner Company and there is no dispute for this period.