MADHU SUDAN MITTAL Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This application has been filed by the respondent-D.V.C. with a prayer that the orders passed by this Court on 13.01.2010 and 19.01.2010 directing the respondent-D.V.C. to make an additional supply of 75 M.W. of electricity to the respondent-JSEB in pursuance to the order dated 01.05.2008, should not be implemented for a period of 15 days. The application has been filed on the averments that: although the respondent-D.V.C. has implemented the order by making an additional supply of 75 MW of electricity in addition to 25 MW of additional supply which was already continuing, the order passed by this Court on 13.01.2010 and 19.01.2010 should be stayed for 15 days as the respondent-D.V.C. shall file a comprehensive application in order to establish that it is not in a position to make the additional supply of 100 MW to the Board under the special circumstance.

(2.) Learned Counsel for the respondent-D.V.C. who is also assisted by the Director, Finance of the D.V.C. was permitted to address the Court to establish their plea as to why additional supply of electricity be not made to the J.S.E.B. in spite of a consent order passed on 01.05.2008 when the D.V.C. had agreed to make additional supply of 150 MW to the Board. When we permitted, the counsel for the D.V.C. and its officer to state the reason for not making the supply in pursuance to the order dated 01.05.2008 which attained finality upto the Supreme Court, detailed facts and circumstances were related before this Court which clearly led to the conclusion that the D.V.C. was not willing to make additional supply to the J.S.E.B. as huge amount are pending against the J.S.E.B. for the electricity which has already been supplied.

(3.) It is stated by the counsel for the D.V.C. that the outstanding dues against the J.S.E.B. is Rs.218.00 Crores as on 02.01.2010 whereas counsel for the J.S.E.B. stated that Rs.79.00 Crores has already been paid to the D.V.C. by way of a Letter of Credit and as there is a dispute between the D.V.C. and the J.S.E.B. in regard to the tariff which is claimed by the D.V.C. and contested by the Board, the accurate figure in regard to the outstanding dues cannot be held to be final. It was further informed by the counsel for the parties that a dispute is pending before the 'Appellate Tribunal For Electricity' where the question in regard to the outstanding dues is sub-judice and while the matter is sub-judice before the Tribunal, an order has been passed by the Tribunal directing payment to the D.V.C. at the prevalent, rate effective from September, 2000 which according to the D.V.C. is Rs. 2.77p.