Bombay High Court
Goradia Special Steels Ltd vs The State Of Maharashtra Through The ... on 8 August, 2019
Bench: S. C. Dharmadhikari, G.S. Patel
914-ASCAW1002-19+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1002 OF 2019
IN
WRIT PETITION NO. 377 OF 2019
WITH
CIVIL APPLICATION NO. 824 OF 2019
AND
CIVIL APPLICATION NO. 873 OF 2019
Goradia Special Steels Ltd ...Petitioners
Versus
The State of Maharashtra Through its ...Respondents
Directorate of Industries & Ors WITH WRIT PETITION (STAMP) NO. 14761 OF 2019 Goradia Special Steels Ltd ...Petitioners Versus The State of Maharashtra Through its ...Respondents Directorate of Industries & Ors Mr Shrihari Aney, Senior Advocate, with Mr Advait Sethna, i/b Ms RR Thakker & Naved Mulla, for the Applicant/Petitioner. Mr BV Samant, AGP, for Respondent No.1-State Mr Nirav Shah, with Mr Anuj Jaiswal, i/b Little & Co, for Respondents Nos. 3 & 4.
Page 1 of 5 8th August 2019 ::: Uploaded on - 08/08/2019 ::: Downloaded on - 09/08/2019 02:05:46 ::: 914-ASCAW1002-19+.DOC CORAM: S. C. DHARMADHIKARI & G.S. PATEL, JJ DATED: 8th August 2019 PC:-
1. Writ Petition No. 377 of 2019 already stood dismissed for default. There is a Civil Application for restoration along with other Civil Applications. In view of the fact that there is a separate substantive Writ Petition (Stamp) No. 14761 of 2019, all the Civil Applications stand disposed of as infructuous.
WRIT PETITION (STAMP) NO. 14761 OF 2019:
2. We have heard Mr Aney, learned Senior Advocate for the Petitioners as also Mr Samant for Respondent No.1-State and Mr Jaiswal for Respondents Nos. 3 and 4 in regard to the Amnesty Scheme relating to the arrears payable by the Petitioners and their claim in that regard. We had on 31st July 2019 made a detailed order setting out the salient portions of the reply fled by the State Government.
3. It is not in dispute that as on 30th June 2019 an amount of Rs.42,30,77,304.00 was due from the Petitioner. This was in relation to a past period. It was in two parts. The principal amount was Rs.6,19,26,300.00. The remaining amount of Rs.34,93,06,444.00 was towards interest and penalty.
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4. It is Mr Aney's submission that the amnesty which the Petitioner claims was granted was subject to payment of the principal. The issue for decision is whether the Petitioner is entitled to an Amnesty in respect of the interest and penalty amount of Rs.34,93,06,444.00. In other words the Petitioner does not dispute this liability to pay Rs.6,19,26,300.00.
5. Mr Aney submits that of this amount an amount of Rs.5 crores has been paid though late by April 2019. Mr Samant disagrees, and says that this was in part payment of a much larger amount but we will leave that aside for the present. We do so because Mr Aney also submits that the Petitioner is entitled to certain adjustments, reductions or rebate even from the Rs.6,19,26,300 principal amount and, therefore, according to him, if these are also taken into account and the amount of Rs.5 crores is reckoned then an amount of only about Rs.34 lakhs is yet due. On the other hand, Mr Samant and Mr Jaiswal would contend that a much higher amount is yet due.
6. We have after some discussion been able to ascertain that current electricity consumption dues from May to June 2019 have been paid (though perhaps with some delay).
7. We do not propose in this order today to examine the question of whether or not the Petitioner is entitled to any Page 3 of 5 8th August 2019 ::: Uploaded on - 08/08/2019 ::: Downloaded on - 09/08/2019 02:05:46 ::: 914-ASCAW1002-19+.DOC adjustments, rebate or other deductions from the principal amount of Rs.6,19,26,300.00. Since interim relief is sought from disconnection we will grant that relief conditionally i.e. subject to the following two conditions:
(a) that the Petitioner will within four weeks from today deposit an amount of Rs.1.2 crores in this Court. On deposit, that amount is to be invested until further orders of this Court. In default, the Petition will stand summarily dismissed and will not be restored thereafter under any circumstances. The payment is to be made on or before 9th September 2019.
(b) the Petitioner undertakes to make payments of monthly or periodic bills for ongoing consumption on or before their respective due dates. In the event of any one default in payment of any such monthly/periodic bill, the same result will follow i.e. the Petition will stand dismissed without further reference to the Court and will not be restored thereafter. In the event that there is a default in the monthly/periodic bill after the deposit of Rs.1.2 crores is made, then the amount of Rs.1.2 crores will be allowed to be withdrawn by the Respondents Nos. 3 and 4 and adjusted towards the Page 4 of 5 8th August 2019 ::: Uploaded on - 08/08/2019 ::: Downloaded on - 09/08/2019 02:05:46 ::: 914-ASCAW1002-19+.DOC interest and penalty accrued due on the claim against the Petitioner.
8. With his usual fairness, Mr Aney, on instructions states that his client accepts these two conditions.
9. At this stage we are clarifying that all contentions of both sides are expressly left open. In particular we leave open the question of whether the Petitioner is entitled to the continuance of the Amnesty or whether this right has been forfeited on account of some default on the part of the Petitioner; whether the Petitioner is entitled to any adjustment, reduction or rebate against its electricity consumption dues, the principal required to be paid or the accumulated penalty and interest; and the contentions of Respondents that a much larger amount is even now due and payable by the Petitioners.
10. We put parties to notice that we propose to dispose of the Petition at the stage of admission.
11. List the matter for hearing and fnal disposal on 18th September 2019 at 3.00 pm. No further Afdavits are to be fled without leave of the Court.
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