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A.P. STEEL RE

High Court of Kerala

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A.P. STEEL RE-ROLLING MILLS LTD. v. THE KERALA STATE ELECTRICITY BOARD - WP(C) No. 23892 of 2006(T) [2007] RD-KL 11805 (3 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23892 of 2006(T)

1. A.P. STEEL RE-ROLLING MILLS LTD.,
... Petitioner

Vs

1. THE KERALA STATE ELECTRICITY BOARD,
... Respondent

2. THE CHIEF ENGINEER,

3. THE DEPUTY CHIEF ENGINEER,

4. THE ASST. EXECUTIVE ENGINEER,

For Petitioner :SRI.P.V.THOMAS

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :03/07/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) No. 23892 of 2006

Dated, this the 3rd day of July, 2007



J U D G M E N T

Prayer in the WP(C) is only for a direction to the KSEB to grant additional power allocation claimed by the petitioner. Learned Standing Counsel for KSEB submitted that the arrears are around Rs. 1.6 crores and non-payment of the arrears is the reason for declining additional power allocation. Petitioner's counsel contended that petitioner has paid the demands covered by Ext.P2 statement except Item No.(1), which according to the petitioner does not pertain to him. He further contended that remaining demand covered by revised statement filed by the Board is under stay granted by appellate authority. In the circumstances and having regard to the claim and counter claim and since appeals are pending, I dispose of the WP(C) directing KSEB to grant additional power allocation on petitioner complying with all the formalities and on remitting an additional sum of Rs. 25 lakhs towards disputed arrears. As and when appeals are disposed of, arrear amount will be determined and payments made presently will be adjusted against the sustained demand. If any balance is left, such amount WP(C) No. 23892/2006 should be adjusted towards current bills. Additional power allocation should be granted at the earliest after payment as above.

(C.N.RAMACHANDRAN NAIR, JUDGE)

jg


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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