Allahabad High Court
M/S Jagnal Thermal Ceramics Pvt. Ltd. vs State Of U.P. And 4 Others on 11 November, 2019
Bench: Pradeep Kumar Singh Baghel, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 28073 of 2019 Petitioner :- M/S Jagnal Thermal Ceramics Pvt. Ltd. Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nandini Mishra Counsel for Respondent :- C.S.C.,Anuj Pratap Singh,Kartikeya Saran Hon'ble Pradeep Kumar Singh Baghel,J.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. The petitioner has filed the present writ petition feeling aggrieved by the inaction on part of the respondent-U.P. State Industrial Development Corporation Ltd (in short 'UPSIDC') in not making adjustment of deposits (made by the petitioner), lying with it and further recovery being made from the petitioner with respect to the electricity connection provided to it.
3. In the above regard, according to the petitioner, it had made certain advance and other deposits against the electricity connection granted for the factory set up by it on Plot No-6, UPSIDC in the year 2002. Later, the aforesaid factory is claimed to have closed down on 04.03.2015.
4. Having heard learned counsel for the parties, it appears that there is an accounting dispute between them. On one hand, the petitioner claims to have made advance and other deposits which exceed the outstanding dues against it, the respondent-UPSIDC would contend that there are outstanding amount payable by the petitioner.
5. Without entering into the merits of the dispute, at present, it appears, that the interest of justice, would be served, if the petitioner, makes a fresh representation before the respondent no.3-Regional Manager UPSIDC, within a period of two weeks from today, alongwith a certified copy of this order, clearly giving full details of the deposits made and liability admittedly incurred. If such representation is filed within time indicated above, the respondent no.3 shall proceed to pass a reasoned order on such representation and communicate to the petitioner amongst others, the exact reconciliation offered by UPSIDC, of the amount claimed to have been deposited by the petitioner, within a period of two months from the date of such representation being filed.
6. Such order may be communicated to the petitioner in writing, at his address disclosed in the writ petition.
7. For a period of three months from today or till disposal of the representation that may be filed by the petitioner, whichever is earlier, no coercive steps may be adopted by the petitioner with respect to the subject matter of dispute noted above.
8. The writ petition is accordingly disposed of.
Order Date :- 11.11.2019 S.Chaurasia