Calcutta High Court (Appellete Side)
Bhaskar Shrachi Alloys Limited & Anr vs Union Of India & Ors on 11 August, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
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11.08.2011
sm
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.No.11813(W) of 2011
Bhaskar Shrachi Alloys Limited & Anr.
v.
Union of India & Ors.
Mr.Partha Sarathi Sengupta, senior advocate,
Mr.Shyamal Sarkar
Mr.Goutam Shroff .. for the petitioners.
Mr.Anindya Kumar Mitra, Advocate General,
Mr.S. Talukdar, senior advocate,
Ms.Neelina Chatterjee
Ms. Anna Malhotra. .. for the commission.
Mr.Sakti Nath Mukherjee, senior advocate,
Mr.Joydeep Kar
Mr.Pradip Tarafdar
Mr.Joydeep Sen
Mr.Prasun Mukherjee
Mr.Subir Pal. ... for DVC.
After hearing Mr. Advocate General appearing for the Commission,
Mr.Sengupta appearing for the petitioners and Mr. Mukherjee appearing for
the Corporation and considering the suggestions given by them for immediate
disposal of the art.226 petition, I am of the view that it will be appropriate to
admit the petition keeping the question of its maintainability open and ask
the Corporation not to disconnect supply to the petitioners alleging failure to
pay energy charge in terms of the impugned order of the Commission
provisionally determining the tariff. It is to be noted that in some art.226
petitions moved before the Jharkhand High Court an interim order has been
made restraining the Corporation from recovering energy charge from the
petitioners concerned in terms of the order of the Commission determining
provisional tariff.
For these reasons, I admit the petition keeping the question of its
maintainability open and order that until next hearing the Corporation shall
not disconnect supply to the petitioners alleging failure to pay energy charge
in terms of the order of the Commission determining provisional tariff.
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The respondents shall file opposition by August 17, 2011; advance
copy of the reply, if any, shall be served by August 22, 2011. To daily list for hearing on August 23, 2011. Certified xerox.
(Jayanta Kumar Biswas,J).