GAUTAM FERRO ALLOYS Vs. DAMODAR VALLEY CORPORATION AND CHIEF ENGINEER (COMMERCIAL), DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) IN the instant writ petition, the Petitioner has challenged the energy bill issued by the Respondents for certain period for the months of September, 2005 and October, 2005. The grievance of the Petitioner regarding the disputed demand is on account of the reason that the Petitioner - M/s. Gautam Ferro Alloys, have not utilised energy during the said period as the Petitioner Company was shut down and sealed, at the instance of the Jharkhand State Pollution Control Board, Ranchi. The closure was a force majeure and therefore, Petitioner can not be held liable.

(2.) FACTS giving rise to the dispute is that the Petitioner is a consumer of the Respondents and a contract was entered into for supply of energy 5100 KVA, Company is involved in manufacturing Silicon Manganese and Ferro Alloys. The contesting parties executed a Power Supply Agreement on 25.02.2003 which is on record. The agreement executed between them was relating to supply of energy to the Petitioners subject to the terms and conditions incorporated in the contract (agreement). Some disputes between the parties ensued and the Jharkhand State Pollution Control Board directed the Petitioner to shut down all its Unit vide order dated 20.12.2004 in terms of Section 31A of the Air (Prevention and Control) Act, 1981. The said order was challenged in the Writ Petition being W.P. (C) No. 5033 of 2005, during the pendency of the said writ petition, the Petitioner's factory was sealed on 3rd September, 2005. The closure of the factory was duly informed to the concerned authority of the Respondent No. 1.

(3.) THE aforesaid writ petition [W.P. (C) No. 5033 of 2005] was heard on 25.10.2005 on the question of interim relief. The authorities of Pollution Control Board were directed to remove the seal within three days from the date of the order. Consequent thereto, the seal was removed on 27.10.2005.