M/S.Met-Rolla Steels Limited v. Kerala State Electricity Board Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11840 of 2015 (D) ---------------------------- PETITIONER:

------------------ M/S. MET-ROLLA STEELS LIMITED (MELTING DIVISION), PAIPPRA, MUVATTUPUZHA, ERNAKULAM DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR SRI. KURIAN VARGHESE.

BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS:

----------------------- 1.

KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM PIN 695 004.

2.

SPECIAL OFFICER (REVENUE) KSEB LIMITED, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.

3.

ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB LIMITED, VELLOORKUNNAM BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 11840/2014 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE HT AGREEMENT DATED 29.10.1996 EXHIBIT P2 :

TRUE COPY OF THE CHART OF REMITTANCE FOR THE PERIOD FROM 01.04.2014 TO 31.03.2015.

EXHIBIT P3 :

TRUE COPY OF THE LETTER DATED 02.02.2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P4 :

A TRUE COPY OF THE LETTER DATED 04.04.2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P5 :

A TRUE COPY OF THE MONTHLY BILL DATED 06.04.2015. EXHIBIT P6 :

A TRUE COPY OF THE REPRESENTATION DATED 07.04.2015. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 11840 OF 2015 ------------------------------------ Dated this the 9th day of April, 2015

JUDGMENT

The petitioner seeks waiver in respect of a portion of the demand. The petitioner asserts that the unit was closed down between 24.01.2015 and 02.04.2015 due to the break down in machinery. The petitioner has in this regard submitted Ext.P6 representation which is pending consideration with the second respondent.

2.

I direct the second respondent to consider Ext.P6 representation with notice to the petitioner. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment. Ext.P5 bill shall not be enforced in the meanwhile subject to the petitioner remitting one fourth of the amount demanded thereunder within a week.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd