IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8989 of 2008
M/S Kamper Concast Limited, a company incorporated under the
Companies Act, 1956 having its registered office at N.P. Centre, New
Dakbunglow Road, Patna-1 through its Director Purshottam Kr.
Gupta, son of Sri B.P. Gupta
Versus
1. Bihar State Electricity Board, through its Chairman, Vidyut
Bhawan, Bailey Road, Patna
2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey
Road, Patna
3. Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey
Road, Patna
4. Electrical Executive Engineer, Commercial, BSEB, Patna
5. Electrical Executive Engineer, MRT, Patna Circle, Patna
6. Electrical Executive Engineer, S.BUP, MRT, Patna Circle, Patna
7. Electrical Executive Engineer, Electric Supply Division, Bihta
8. Assistant Electrical Engineer, Electric Supply Sub-Division, Bihta
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For the Petitioner :M/s Y.V. Giri, Sr. Advocate &
Raju Giri, Advocate
For the Board :M/s Vinay Kirti Singh & Akhileshwar Singh,
Advocates
08/ 07.12.2010 Heard learned counsel for the petitioner
and the counsel for the Bihar State Electricity Board,
Patna (hereinafter referred to as “the Board”).
With consent of the parties, the writ
petition is disposed of modifying the interim orders
passed in the instant case dated 15.7.2008 and
14.8.2008 directing the petitioner to deposit further
amount of ` 73,00,000/- (seventy three lacs) in the
light of the punitive bill dated 21.6.2008 amounting
to ` 3,08,65,882/- . Aforesaid deposit be made within
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three weeks from today, subject to any order of
instalment(s) fixed by the Financial controller,
Revenue of the Board. Aforesaid interim orders are
further modified directing the Board to send the
Meter of the petitioner installed in the business
premises of the petitioner on 15.1.2008 to C.P.R.I.,
Bhopal for fresh test. The cost of the fresh test shall
be borne by the petitioner, who shall deposit such
cost before the authorities of the Board along with a
copy of this order. Payment of ` 73,00,000/- (seventy
three lacs) shall be subject to final assessment made
by the Assessing Authority in terms of Section 126 of
the Electricity Act, 2003. The Meter testing report
received in compliance of this order shall also be
considered by the Assessing Authority as a piece of
evidence in support of the case of the petitioner. The
assessment proceeding must be completed within one
month from the date of receipt of the report from the
C.P.R.I., Bhopal and the Meter be also sent to the
C.P.R.I., Bhopal, as early as possible, in any case
within two weeks of the receipt of the amount
required for meeting the testing expenses. If the
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payments are made in compliance of this order,
electric connection of the petitioner shall not be
disconnected for non-payment of the punitive bill.
Arjun/ ( V. N. Sinha, J.)