M/S Dina Metals Limited, v. The Bihar State Electricity Board,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3008 of 2023 In Miscellaneous Jurisdiction Case No.2078 of 2016 ====================================================== M/s Dina Metals Limited, incorporated Under the Companies Act, Haivng its registeted Office at Abdul Rahmanpur Road, Didarganj, P.O. Jhauganj, P.S.- Malsalami, District-Patna through its Managing Director Mr. Anand Kumar Sinha 59 Years (Male), Son of Late Sharda Nand Prasad, Resident of NTPC Colony, East Ramkrishna Nagar P.O.-New Jagannpura, P.S.-Ramkrishna Nagar, District-Patna.
... ... Petitioner/s
Versus
1.
The Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna through its Chairman Officiationg at Vidyut Bhawan, Baily Road, Patna. 2.
The General Manager-Cum-Chief Engineer, Patna Electric Supply Undertaking, Mangles, Road, Patna.
3.
The Electrical Executive Engineer, Supply, Patna City, Patna. 4.
The Assistant Electrical Engineer, Supply Sub-Division, Katra, P.O. Patna City, P.S. Malsalami.
5.
The Asistant Electrical Engineer, MRT-II, Patna Electric Supply Undertaking (East), Patna.
6.
The Director General of Vigilance, Bihar State Electricity Board, Patna. 7.
The Electrical Executive Engineer, Vigilance, Bihar State Electricity Board, Patna.
8.
The Deputy Superintendent of Vigilance, Bihar State Electricity Board, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Shekhar, Advocate For the Opposite Party/s :
Mr. Vinay Kirti Singh, Sr. Advocate Mr. Akhileshwar Singh, Advocate Mr. Venkatesh Kirti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2024 Heard Mr. Avinash Shekhar, learned Counsel for the petitioner and Mr. Vinay Kirti Singh, learned Senior Counsel who representing the informant.
2. In this case, a reasoned order was passed on
Patna High Court MJC No.3008 of 2023(4) dt.17-05-2024 2/2 27.07.2023 in M.J.C. No. 2078 of 2016 and its analogous case with certain directions as incorporated in paragraph 7 of the order.
3. Now, a modification petition has been preferred in which it has been stated that the meter was installed for 121 days and had recorded consumption of 121 days for which payments were made and as such, once the calculation is made, the payments so made has to be deducted.
4. Mr. Vinay Kirti Singh, learned Senior Counsel submits that the said statement is bereft of any supporting document. He further submits that the office will examine and if such payment has been made, once the amount is calculated, the same shall be considered and appropriate order shall be passed regarding its deduction.
5. Having clarified the said facts, the opposite party shall look into the said aspect while calculating the entire amount.
6. The M.J.C. No. 3008 of 2023 stands disposed of. (Rajiv Roy, J) Neha/- U