M/S. Shiva Polytubes Pvt. Ltd. v. The South Bihar Power Distribution Co. Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2214 of 2024 ====================================================== M/s. Shiva Polytubes Pvt. Ltd. a Company registered under the Companies Act, 1956 having its Registered Office at 307, Narayan Plaza, Exhibition Road, P.S. Kotwali, Town and District Patna and its Manufactuning Unit at Sabalpur, Patna through one of its Directors, Male, Shishir Agarwal, Male, Aged About 42 Years, Son of Sri Ramesh Chandra Gupta, Resident of Flat No. 502 Santosha Apartment, Bunder Bagicha, P.S. Kotwali, Town and District Patna.

... ... Petitioner/s

Versus

1.

The South Bihar Power Distribution Co. Ltd. through its Managing Director, Vidyut Bhavan, Bailey Road, Patna.

2.

The Managing Director, South Bihar Power Distribution Co. Ltd., Vidyut Bhavan, Bailey Road, Patna.

3.

The General Manager - Revenue, South Bihar Power Distribution Co. Ltd., Vidyut Bhavan, Bailey Road, Patna.

4.

The Electrical Superintending Engineer, H.T. Cell, South Bihar Power Distribution Co. Ltd., Vidyut Bhavan, Bailey Road, Patna. 5.

The Electrical Executive Engineer, Electric Supply Division, Fathua, Dist.- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Agarwal, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-07-2024 Without going into the merits or demerits of the case, having regard to the fact that the petitioner has an alternative and effective remedy of approaching the Consumer Grievance Redressal Forum (CGRF) under Section 42 (5) of The Electricity Act, 2003.

2. The present writ petition is disposed of granting liberty to the petitioner to approach the C.G.R.F. challenging the Annexure-P/1 and also the consequential bills raised by the

Patna High Court CWJC No.2214 of 2024(8) dt.29-07-2024 2/2 respondent authority within a period of four weeks from today. In case the petitioner approaches the C.G.R.F., the C.G.R.F. shall endeavour to dispose of the case as expeditiously as possible preferably within a period of eight weeks thereof.

3. Till such time, the C.G.R.F. passes the final order, no coercive steps shall be taken against the petitioner. In case the petitioner succeeds before the C.G.R.F., the respondent authorities are legally bound to give the three per cent rebate given to the petitioner for paying the current electricity charges within time. Petitioner shall continue to pay the current electricity charges as levied by the department from month to month.

4. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U