SHREE DURGA STEEL INDUSTRIES Vs. JHARKHAND STATE ELECTRICITY

JUDGEMENT

(1.) This appeal is directed against the order dated 4.9.2009 passed by the learned Single Judge in W.P.(C) No.3373 of 2009, whereby the writ petition, claiming the benefit of One Time Settlement Scheme was denied to the petitioner-appellant as the writ petition was dismissed. The appellant being aggrieved with the order of the learned Single Judge has preferred this appeal.

(2.) Mrs. Ritu Kumar, learned counsel for the appellant, has submitted that the learned Single Judge has relied upon erroneously that the benefit of One Time Settlement Scheme could not be conferred on the appellant-Industry since the certificate case was pending in regard to the amount which was to be paid by the appellant to the respondent-Jharkhand State Electricity Board. It was submitted that the appellant was entitled to the benefit of One Time Settlement Scheme , even though the matter had been adjudicated by way of certificate proceeding.

(3.) However, we found it difficult to accept this contention as the contention of the counsel for the appellant that the benefit of One time Settlement Scheme should have been allowed to be availed of by the appellant even though the certificate proceeding had concluded, has no substance as it is not the case of the appellant that during pendency of the certificate proceeding, the appellant had sought the benefit of One Time Settlement Scheme.