M/S Universal Engineering Works v. The North Bihar Distribution Company Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.881 of 2015 ======================================================

1. M/s Universal Engineering Works, a Patnership Firm, having its place of business at Near Bhagwanpur Chowk, Bibiganj, P.S. Bhagwanpur, District Muzaffarpur through its Partner Shri Abhishek Kumar @ Abhishek Singh son of Late Chandeshwar Singh, Resident of Near Bhagwanpur Chowk, B.B. Ganj, P.S. Sadar, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The North Bihar Distribution Company Ltd., having its Head Office at Vidyut Bhavan, Bailey Road, Patna through its Managing Director State of Bihar.

2. The Electircal Executive Engineer, Electric Supply Division, Muzaffarpur ( East), Muzaffarpur.

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

For the Petitioner/s : Mr. Alok Kumar Agrawal, Adv. For the Respondent/s : Mr. Vinay Kirti Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 30-03-2015 Learned counsel for the parties are present.

The limited issue raised in the present writ petition is that except for the amount reflected in the F.I.R. arising from Sadar P.S. Case No. 54 of 2013 to the tune of Rs. 3,75,000/- stated to be the loss suffered by the respondent Company, no provisional bill was supplied to the petitioner containing any calculation on the basis of which such figure was arrived. The petitioner in such circumstances, filed an application before the Executive Engineer, Muzaffarpur (East)-cum-Assessment Officer on 5.3.2013 praying for supply of the break up amount so as to enable him to file a purposeful objection and which was renewed on 11.3.2013 but

Patna High Court CWJC No.881 of 2015 (3) dt.30-03-2015 2 / 2 since it was not responded to hence this writ petition. This matter was earlier heard on 20.3.2015 when Mr. Vinay Kirti Singh learned counsel appearing for the respondents prayed for time to seek instructions and thereafter it has been taken up today when it is stated at the bar on instructions received by Mr. Singh that the petitioner would be supplied with the provisional bill containing the details of calculation, within a period of one week by the Assessing Authority-cum-Electrical Executive Engineer, Muzaffarpur(East).

Having heard learned counsel for the parties and taking note of the submissions made by Mr. Singh appearing for the respondents, the writ petition is disposed of requiring the Assessing Officer to abide by his statement and undertaking given before this Court.

(Jyoti Saran, J) Bibhash/- U