Supreme Court - Daily Orders
The Hotel Adityaz Ltd. vs Madhya Pradesh Kshetra Vidyut Vitran ... on 17 November, 2015
Bench: Ranjan Gogoi, N.V. Ramana
1
ITEM NO.7 COURT NO.8 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 22380/2014
(Arising out of impugned final judgment and order dated 23/07/2014
in WA No. 209/2014 passed by the High Court Of M.p At Jabalpur)
THE HOTEL ADITYAZ LTD. Petitioner(s)
VERSUS
MADHYA PRADESH KSHETRA VIDYUT VITRAN CO.LTD & ORS. Respondent(s)
(For final disposal)
Date : 17/11/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE N.V. RAMANA
For Petitioner(s) Mr. Puneet Jain,Adv.
Mr. D.K. Katare,Adv.
Mr. Mohan Babu Mangal,Adv.
Mr. Abhinav Gupta,Adv.
Mr. Manu Maheshwari,Adv.
Mr. R. N. Poddar,Adv.
For Respondent(s) Mr. Kunal Verma,Adv.
Mr. Yugandhara P.Jha,Adv.
Mr. Prasanna Mohan,Adv.
Mr. Keki Vajpei,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned counsels for the parties and perused the relevant material.
Though a question with regard to the correct position of law in the light of the provisions of the Signature Not Verified Electricity Act 2003 (Sections 126, 135 and 154) has Digitally signed by Madhu Bala Date: 2015.11.18 11:00:44 IST Reason: arisen, learned counsel for the Respondent-Electricity Board has submitted that the decision on the issues raised may be deferred for 2 consideration in an appropriate case and for the present the respondent is willing to give a fresh opportunity of hearing to the petitioner with regard to the quantum of the provisional assessment that is required to be made following the allegations of malpractices or theft of electricity.
In view of the aforesaid position, we do not consider it necessary to express any opinion on the legal formulations that have arisen before us. Instead we dispose of the special leave petition by directing that an oral hearing be given to the petitioner with regard to amount, if any, that he would be liable to pay by way of provisional assessment. In the event, the quantum earlier arrived at is less than the amount which is already in deposit, the respondent will refund the balance amount, if any, along with interest thereon at the rate of six percent. In the event, the provisional assessment remains at the same amount that was made earlier, the authority shall proceed in the matter to finalize the same in accordance with the provisions of the Act.
The special leave petition is disposed of.
(MADHU BALA) (ASHA SONI)
COURT MASTER COURT MASTER