Calcutta High Court (Appellete Side)
Gagan Ferrotech Ltd. & Anr vs Union Of India & Ors on 5 September, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
05.09.11 In The High Court At Calcutta
ss Constitutional Writ Jurisdiction
Appellate Side
A.S.T. No. 619 of 2011
Gagan Ferrotech Ltd. & Anr.
v.
Union of India & Ors.
Mr Debabrata Saha Roy
Mr Pingal Bhattacharyya ...for the petitioners.
Mr Prasun Mukherjee ...for DVC.
It is submitted by counsel for the parties that the issues involved in
this case are identical with the one's involved in W.P.No.11813(W) of 2011
(Bhaskar Shrachi Alloys Limited & Anr. v. Union of India & Ors.).
In W.P.No.11813(W) of 2011 an order dated August 11, 2011 has been
passed. The order is quoted below:
"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.
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."
Counsel for the parties have submitted that the same interim order that was passed in W.P.No.11813(W) of 2011 may be passed in this case as well.
It has been submitted that the respondents have decided not to file any opposition to this petition, for they have decided to contest all the cases relying on the opposition filed in W.P. No. 11813(W) of 2011.
I am of the view that the same interim order that was passed in W.P.No.11813(W) of 2011 should be passed in this case as well.
2For 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.
This petition shall be heard with W.P. No.11813(W) of 2011. Certified xerox.
(Jayanta Kumar Biswas, J.)