Court No. - 24 Case :- MISC. SINGLE No. - 3969 of 2010 Petitioner :- M/S Atma Steel Ltd. Ghaziabad Thru Director ( U/A 227 ) Respondent :- State Of U.P. Thru Chief Secretary & Ors. Petitioner Counsel :- Vishal Dixit Respondent Counsel :- C.S.C.,Kapil Mishra Hon'ble Rajiv Sharma,J.
Heard Mr. Vishal Dixit, learned Counsel for the petitioner and Mr.
Prabhat Narain holding brief for Mr. Kapil Mishra, learned Counsel for
the U.P. Power Corporation.
Learned Counsel for the petitioner submits that vide assessment, a
demand was raised for consumption of electrical energy by the U. P.
Power Corporation, erstwhile known as U. P. State Electricity Board.
Against the said assessment, the petitioner initiated the recourse filed
proceeding under Section 26 of the Indian Electricity Act, 1910 and the
matter went upto the Apex Court. The Hon’ble Supreme Court disposed
of Special Leave Petitions with a direction that a technical person should
hear the matter. The Apex Court has also upheld that liability of 24%
interest per annum will be considered after disposal of appeal but the
matter is lingering since then on account of non-constitution of the
Appellate Authority by the State Government.
Learned Standing Counsel was directed to seek instructions as to
whether the Appellate Authority has been constituted, as per Hon’ble
Supreme Court’s decision, to which he submits that the Appellate
Authority has been constituted and the matter is fixed for 16.8.2010.
Accordingly, it is provided that the Appellate Authority will decide the
matter on 16.8.2010, in accordance with law and in case, it is not
feasible to decide the same on the date fixed, the same shall be
decided, latest by 31.8.2010. Till disposal of matter, the outstanding
interest which has been levied upon the petitioner shall be kept in
abeyance and will be subject to the orders passed on the appeal.
The writ petition stands disposed of in terms of above.
Order Date :- 26.7.2010
lakshman