High Court of Judicature at Allahabad
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M/S L. Kant Paper Mills Ltd. And Another v. Dakshinanchal Vidyut Vitran Nigam Limited And Others - WRIT - C No. 73317 of 2005  RD-AH 3685 (16 February 2006)
WP 73317 of 2005
Hon'ble Yatindra Singh, J
Hon'ble RK Rastogi, J
This writ petition was against the recovery of electricity dues. It was disposed of with a direction that the petitioner may deposit the entire arrears in 36 equal monthly instalments. The petitioner has filed an application for modification of the order that respondent may charge 3 % simple interest on the late payment.
We have heard counsel for the petitioner, standing counsel and Sri WH Khan, counsel for the respondents. According to Sri Khan, the surcharge is being taken in accordance with clause 11 of the Rate Schedule. The counsel for the petitioner submitted that this surcharge is illegal. We do not wish to go into this question in this application. The application is dismissed. However, the petitioner will be at liberty to challenge clause 11 by an independent writ petition.
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