Court No. - 2 Case :- WRIT - C No. - 46168 of 2010 Petitioner :- M/S Gaurav Glass Industries, Agra And Another Respondent :- Gail(India) Limited And Others Petitioner Counsel :- Swapnil Kumar Respondent Counsel :- A. S. G. I. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard, learned counsel for the petitioners, Shri Madhur Prakash
for respondent nos. 1 and 2 and Shri Siddharth Pandey for
respondent no.3.
By the consent of the parties this petition is finally disposed of.
By this petition, petitioners have prayed for quashing the debit
note dated 07/6/2010, Annexure-9 to the writ petition.
Learned counsel for the petitioners submits that challenging the
similar debit note Writ Petition No.42214/2010,was filed which
was disposed of by this Court on 22/7/2010 with the following
directions:
“Sri S.P. Gupta learned counsel for the petitioner submitted that in
fact since the petitioner has not been yet communicated the
methodology under which the bills have been raised, they have not
been able to even represent against the said incorrect and
unauthorized bills.
Sri Madhur Prakash submits that the petitioners themselves have
represented and made a request, it is in the interest of justice that
respondent no. 2 may consider the request submitted on
07.07.2010 and communicate to the petitioner the methodology for
raising the bills which are impugned in the writ petition. The
petitioner shall be at liberty to submit detailed representation and
reply to the said letter within two weeks thereafter. The respondent
no. 2 thereafter shall consider the reply of the petitioner and take
an appropriate decision on the said representation.
It is provided that the respondents shall not disconnect the gas
connection of the petitioner and not to invoke the letters of credit
in pursuance of the impugned bills till a decision is taken as
directed above.
We however make it clear that the petitioner shall continue to pay
the regular bills as and when due.
The writ petition is disposed of with the aforesaid directions.”
Learned counsel for the petitioners submits that the petitioners
shall also make a detailed representation against the impugned
debit note which may be considered and appropriate action be
taken as directed by this Court by order dated 22/7/2010.
Considering the aforesaid, we are of the view that the issues raised
in the writ petition being similar to the Writ Petition No.
42214/2010, which was disposed of on 22/7/2010, this writ
petition is also disposed of in the same terms of the order.
With the aforesaid observation writ petition stands disposed of.
Order Date :- 6.8.2010
SB