LAWS(JHAR)-2016-6-20

LAKHOTIA PLASTICS INDUSTRIES Vs. JHARKHAND STATE ELECTRICITY BOARD

Decided On June 15, 2016
Lakhotia Plastics Industries Appellant
V/S
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Out of several grievances for which writ petition was initially preferred, such as, restoration of electricity connection; quashing of inspection report dated 25.01.2008 whereunder petitioner's total load was calculated as 139.25 HP alleged to be in contravention of Clause 15.2.8 of Jharkhand Industrial Policy, 2001 in respect of Low Tension Industries; for quashing of the Bill dated 25.01.2008 totalling Rs. 20,45,227/ - and for appropriate declaration that Clause 5(a) and (b) of the tariff notified with effect from 01.01.2004 for Low Tension Industries, is bad in law. Now, as per the conscious submission of the learned Senior Counsel for the petitioner, controversy has narrowed down to the extent of adjustment of outstanding dues levied against the petitioner. Bill dated 25.01.2008 aforesaid has been revised on 16.08.2014 by bringing it down to Rs. 6,25,750/ - vide Annexure -14 to the supplementary affidavit, over which, an adjustment of Rs. 2.00 lakh has also been done due to interim payment made as condition for restoration of electrical connection. Petitioner proposed to get the security amount along with interest accrued thereupon to be adjusted against the remaining balance of Rs. 4,25,750/ - through an affidavit dated 20.08.2015.

(3.) Respondent after sometime, have come out with their affidavit in response dated 12.05.2016 enclosing a letter of Electrical Executive Engineer, Electricity Supply Division, Kokar, Ranchi dated 11.05.2016 bearing memo no. 677, whereunder an amount of Rs. 3,82,940/ - has been adjusted in the month of April 2015. The remaining amount, as per the said letter, up to March 2016, is Rs.