Orissa High Court
M/S. Gm Iron And Steel Company vs State Of Odisha And Others .... Opp. ... on 16 May, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 17-May-2024 19:11:34
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.41498 OF 2023
M/s. GM iron and Steel Company .... Petitioner
Limited, Kolkata
Mr. Durga Prasad Nanda, Senior Advocate
along with Mr. Subhankar Rout, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Lalit Kumar Maharana, Advocate
(For TPCODL)
Mr. Anup Kumar Das, Advocate
(For Opposite Party No.6)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 16.05.2024
04. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for a direction to revoke/cancel the bank guarantee to the tune of Rs.1,27,96,284/- which is valid till 26th May, 2024.
3. Mr. Nanda, learned Senior Advocate appearing for the Petitioner submits that the Petitioner-company is a purchaser of both movable and immovable property of M/s. Rana Power Limited. The said company had outstanding electricity arrears to the TPCODL. After purchase, the Petitioner made an application for restoration of the power supply which was not allowed by TPCODL showing the aforesaid reason and the Petitioner- Company was insisted upon payment of the arrear electricity dues of the previous consumer. Assailing the demand notice of the licensee for payment of the aforesaid outstanding dues for supply of electricity, the Petitioner preferred W.P.(C). No.25576 of 2019. Pursuant to the direction of this Court vide order dated 19th Page 1 of 3 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-May-2024 19:11:34 February, 2020, in the said writ petition, the Petitioner furnished bank guarantee and executed a fresh agreement with TPCODL for power supply. One of the condition in the said bank guarantee was that it is subject to the outcome of W.P.(C). No.8816 of 2017. The said writ petition was dismissed for default since 18th January, 2023. Thus, the Petitioner is entitled to revoke/cancel the bank guarantee furnished for restoration of power supply.
4. Mr. Maharana, learned counsel for TPCODL on instruction, submits that the Petitioner has not yet approached the TPCODL for revocation/cancellation of the bank guarantee. Thus, a writ petition is not maintainable. It is further submitted that CMAPL No.8816 of 2023 is pending for restoration of W.P.(C). No.8816 of 2017. Hence, he prays for dismissal of this writ petition being premature.
5. Mr. Das, learned counsel for Opposite Party No.6 submits that the bank guarantee is going to expire on 26th May, 2024 and the bank will act upon by the direction of this Court.
6. Taking into consideration the submission made by learned counsel for the parties, this Court is of the considered opinion that pendency of CMAPL cannot be a ground to withhold the permission to revoke the bank guarantee by the Petitioner. It is however, observed that the Petitioner has not yet approached TPCODL for revocation of the bank guarantee.
7. Since TPCODL is already aware of the grievance of the Petitioner with regard to the revocation of the bank guarantee, this writ petition is disposed of with a direction that a decision in that regard shall be taken by 24th May, 2024 and the same be Page 2 of 3 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-May-2024 19:11:34 communicated to the Petitioner forthwith keeping in mind the observations made hereinabove.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge Rojalin Page 3 of 3