Madhya Pradesh High Court
M.P. Power Management Company Limited vs Damodar Valley Corporation on 27 September, 2023
Author: Chief Justice
Bench: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 11998 of 2023
(M.P. POWER MANAGEMENT COMPANY LIMITED Vs DAMODAR VALLEY CORPORATION AND OTHERS)
Dated : 27-09-2023
Shri Ashish Anand Bernard - Advocate for petitioner.
Shri Sarthak Nema - Advocate for respondent No.1.
Shri Pushpendra Yadav - Deputy Solicitor General for respondent No.3.
Shri Manoj Kumar Dubey - Advocate for respondent No.5.
By an ex-parte interim order dated 29.05.2023 Invoice Nos.Coml/Export/MPPMCL/533 and Coml/Export/MPPMCL/534 dated 28.02.2023 were directed to be stayed till the next date of hearing. Presently, I.A.No.14577 of 2023 has been filed seeking interim directions to stay the subsequent demands made by the respondent No.1.
I.A.No.14575 of 2023 has also been filed seeking for amendment in the petition by adding the subsequent events/subsequent demands being made by the respondents.
For the reasons assigned, I.A.No.14575 of 2023 is allowed.
The petitioner is permitted to carry out the amendment and file an amended petition by next date.
The plea of the petitioner is that the Invoice that was stayed vide order dated 29.05.2023 has been withdrawn and a fresh demand has been raised on the petitioner not only for those two invoices but five additional invoices have been created. Therefore, if the payments are not made, they will not be entitled to draw the power with effect from 29.09.2023 from 00.00 hrs. However, it is submitted that counsel for respondent No.1 is not available and, therefore, he Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 9/27/2023 4:20:42 PM 2 would make his submission on the next date.
In view of the urgency involved and also the fact that earlier bills have also been stayed, we find it necessary that an interference is called for.
The invoices that have been stayed have been withdrawn by the respondent No.1 and additional demands have been made by including various other charges as well as by issuing fresh demands on five additional counts. Therefore, this Court had already entertained the petition and granted interim order. The question of withdrawing that and issuing a fresh order are matters to be considered by this Court.
Hence, in view of the facts involved, I.A.No.14577 of 2023 is allowed.
There shall be stay of demands raised by the Invoice dated 25.08.2023 bearing reference No.239, Invoice dated 25.08.2023 bearing reference No.240, Invoice dated 14.07.2023 bearing reference No.1628, Invoice dated 14.07.2023 bearing reference No.1629 and Invoice dated 27.07.2023 bearing reference Nos.1716, 1717 and 1718 until further orders.
Furthermore, the respondents are directed not to take any coercive action against the petitioner till the next date.
At request, call after two weeks.
Respondents are at liberty to file an application for vacation or modification of this order.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 9/27/2023
4:20:42 PM