M/S Kamper Concast Limited vs The State Of Bihar on 27 May, 2020

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Patna High Court - Orders

M/S Kamper Concast Limited vs The State Of Bihar on 27 May, 2020

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                           CIVIL WRIT JURISDICTION CASE NO. 5718 of 2020
                 ======================================================
                 M/s Kamper Concast Limited, a Company incorporated under the provisions
                 of the Companies Act, 1956, having its registered office at 406, N.P. Centre,
                 New Dak Bungalow Road, Patna, through its Director, Rajesh Kumar Goel,
                 aged about 44 years (Male), son of Late Vinod Kumar Goel, resident of near
                 Roxo School, North Patel Nagar, Gokul Path, Keshari Nagar P.O., P.S.
                 Patliputra, District - Patna.

                                                                                   ... ... Petitioner/s
                                                      Versus
                 The State of Bihar and Others

                                                                           ... ... Opposite Party/s

                 Appearance :
                 For the Petitioner/s   :        Mr.Suraj Samdarshi
                 For the State          :        Mr. Ranjay Kumar Singh
                 For Respondents 3-7    :        Mr. Vinay Kirti Singh, Sr. Adv.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                 ORAL ORDER


2   27-05-2020

Heard learned Counsel for the parties concerned, through Video Conferencing.

Learned Counsel for the petitioner is permitted to implead the Union of India, as party-respondent within a period of one week from today and serve a copy of this writ petition, complete with annexures, on learned Counsel appearing on behalf of the Union of India.

The present writ application has been filed for quashing of the energy bill, dated 04.05.2020, for the month of April, 2020, to the extent that the respondent-South Bihar Power Patna High Court CWJC. No.5718 of 2020 (2) dt.27-05-2020 2/4 Distribution Company Limited (SBPDCL) has raised the fixed charge without taking into consideration the fact that the industrial unit of the petitioner did not operate on account of Government instruction, arising out of COVID 19 pandemic.

Learned Counsel for the petitioner submits that the Ministry of Power, Government of India, has issued order, dated 27.03.2020, to the effect that due to the restrictions having been imposed on the movement of the public and opening of offices and establishments by the State Governments and vide order, dated 24.03.2020, of the Ministry of Home Affairs, Government of India, to contain the spread of the COVID 19 pandemic in the country, many consumers of the Discoms are unable to pay their dues. He further submits that this has critically affected the liquidity position of the Discoms thereby impairing their ability to make timely payments to generating and transmission companies and maintaining letter of credit. He, referring to Annexure-6 of the writ application, submits that the Government of India has come up with a scheme, namely, ATMANIRBHAR BHARAT, under which PFC/REC have to infuse liquidity against receivables. He further submits that the scheme ATMANIRBHAR BHARAT further clarifies that Central Public Sector Generation Companies shall give rebate to Patna High Court CWJC. No.5718 of 2020 (2) dt.27-05-2020 3/4 Discoms, which shall be passed on to the final consumers (industries).

Learned Counsel for the petitioner also submits that in the identical facts, the co-ordinate Benches of this Court has passed interim order and has directed the respondent-SBPDCL not to take coercive measures or disconnect the electricity connection of the industrial unit for non-payment of the demand raised by the respondent-SBPDCL under the head 'Maximum Demand Charge' in the energy bill during the pendency of the writ application.

Learned Senior Counsel appearing on behalf of the respondent-SBPDCL seeks three weeks' time to take instruction and file counter affidavit.

Learned Counsel for the State is also directed to file counter affidavit within the said period of three weeks.

List this case, under appropriate heading, on 27th June, 2020.

In the mean while, no coercive steps shall be taken against the unit of the petitioner due to non-payment of the demand raised by the respondent-SBPDCL under the head 'Maximum Demand Charge' in the energy bill, dated 04.05.2020.

Patna High Court CWJC. No.5718 of 2020 (2) dt.27-05-2020

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It is clarified that insofar as the other demands raised by the respondent-SBPDCL in the energy bill, dated 04.05.2020, are concerned, the same shall be paid by the petitioner within a period of one week from today.

(Anil Kumar Sinha, J.) Prabhakar Anand/-

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Patna High Court - Orders