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Patna High CourtMJC/3387/2017disposed

Hai Medicare And Research Institute Pvt. Ltd v. Bihar State Electricity Board Now Bihar Power Distribution Company Ltd. Through Its Chairman And

2018-09-26Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3387 of 2017 In Civil Writ Jurisdiction Case No. 4893 of 2007 ====================================================== Hai Medicare And Research Institute ( Pvt.) Ltd. Bailey Road, Raja Bazar, P.S. Shashtri Nagar, in the Town and District of Patna, through its Managing Director, Dr. Ahmad Abdul Hai, son of late Dr. M.A. Hai, resident of Exhibition Road, P.s. Gandhi Maidan, Patna. .... .... Petitioner/s

Versus

1. Bihar State Electricity Board (now Bihar Power Distribution Company Ltd.) through its Chairman, Bailey Road, P.S. Kotwali, Dist. Patna. Sri Pratyaya Amrit.

2. The General Manager cum chief Engineer, Patna Electric Supply undertaking, P.S. Sachivalya, Patna. Sri Dilip Kumar Singh.

3. Shri Narendra Kumar, Chief Engineer Commercial, Bihar State Electricity Board now called South Bihar Power Distribution Company, P.S. Kotwali, Patna.

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

For the Petitioner/s : Mr. Arif Raza, Adv. For the Respondent/s : Mr. Vinay Kirti Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 26-09-2018 The writ application was allowed in terms of the judgment and order passed by the Division Bench in the case of Jai Mangla Steel Pvt. Ltd. Versus Bihar State Electricity Board and Ors. arising from C.W.J.C. No. 5614 of 1999. On the failure of the respondents to comply with the direction that this contempt application is filed. The opposite party after seeking adjournment for ensuring compliance have filed a supplementary show cause enclosing an order passed by the Chief Engineer, Commercial allowing a remission of Rs. 4,82,922/- in favour of the petitioner

Patna High Court MJC No.3387 of 2017 (4) dt.26-09-2018 2/2 vide order passed on 21.08.2018 enclosed with the supplementary show cause.

Mr. Arif Raza, learned counsel for the petitioner while accepting the position submits that the Chief Engineer, Commercial while passing this order does not make any stipulation for refund or for adjustment of the remission amount against the future bills of the petitioner.

Let the Chief Engineer consider the grievance and pass appropriate orders on refund of the remission amount or its adjustment against future bills positively, within two weeks of receipt/ production of a copy of this order.

With the observations aforementioned, the contempt application is disposed of.

(Jyoti Saran, J) Bibhash/Ranveer U