Akd Bhaskar Shrachi Alloys Limited & Anr vs The State Of West Bengal & Ors on 19 July, 2017

[Cites 2, Cited by 1]

Calcutta High Court (Appellete Side)

Akd Bhaskar Shrachi Alloys Limited & Anr vs The State Of West Bengal & Ors on 19 July, 2017

Bench: Harish Tandon

                                                                                  1




26   19.07.17                    W.P. 19079   (W)   of 2017
     Ct. No. 2

       akd             Bhaskar Shrachi Alloys Limited & Anr.
                                         Vs.
                          The State of West Bengal & Ors.
                                        --------

Mr. Partha Sarathi Sengupta, Mr. Shyamal Sarkar, Mr. Rajesh Gupta, Mr. Sidhartha Sharma, Ms. Namrata Basu.

... for the petitioner.

Mr. P. K. Tarafder, Mr. Subir Pal.

... for the respondents.

The petitioner challenges the bill/demand dated 10th July, 2017 being violative of the provisions of the Electricity Act, 2003. Simultaneously the petitioner is also seeking declaration that Regulation 4.14 of the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011 is ultra vires to the parent Act and is liable to be struck down.

Though the petitioner claims to have gone in the Board for Industrial and Financial Reconstruction, yet this Court feels that they have to discharge their statutory liabilities, more particularly the payment of electricity charges, as they are still functional.

This Court feels that the matter should be considered after affording an opportunity to the respondents to disclose their stands.

Since it relates to the payment on account of electricity, the petitioner is directed to deposit the amount claimed in the said bill/demand dated 10th July, 2017 by four equated monthly installments.

First of such installments shall be paid on or before 26th July, 2017 and subsequent installments shall be made on or before the 16th day of each succeeding month till it is liquidated.

If the deposits are made in terms of the instant order, there shall be stay of disconnection notice dated 12th July, 2017.

In default of payment of any one of such installments, it is open to the respondent authorities to disconnect the supply of electricity on the basis thereof without any further notice.

It is made clear that the said deposit shall be without prejudice to the rights and contentions of the parties.

The respondents say that the said amount became due much earlier and, therefore, they are entitled to interest.

Since this Court intended to hear out the writ petition and by way of an interim measure directed the petitioner to pay the amount so demanded in installments, the entitlement over the interest shall be decided at the time of final hearing and is, therefore, kept open.

Let the affidavit-in-opposition be filed within four weeks from date; reply thereto, if any be filed within one week thereafter.

The matter is made returnable after five weeks in the supplementary list under the heading "Listed Motion".

(HARISH TANDON, J.)

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Calcutta High Court (Appellete Side)