Calcutta High Court (Appellete Side)
Acc 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.13120(W) of 2011
ACC Limited & Anr.
v.
Union of India & Ors.
Mr.Shayamal Sarkar
Mr.Rajesh Gupta
Mr.Gautam Shroff
Mr.Kallol Saha .. for the petitioners.
Mr.Anindya Kumar Mitra, Advocate General
Ms.Neelina Chatterjee
Ms.Anna Malhotra ... for the commission.
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.
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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."
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.
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.
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.
(Jayanta Kumar Biswas,J).
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