M/S Brahma Plastic Industry, Bbsr v. Asst. Gm Elect, Tpcodl, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 23612 OF 2022 M/s. Brahma Plastic Industry, Bhubaneswar ....

Petitioner Mr. Falguni Rajguru Mohapatra, Advocate -versusAsst. General Manager (Electrical), TPCODL, Bhubaneswar ....

Opp. Party Mr. Bijaya Kumar Dash, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

23.09.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to the Opposite Party to drop the proceeding initiated under Section 135 of the Electricity Act, 2003 (for short 'the Act'). 3.

Mr. Mohapatra, learned counsel submits that the Petitioner had earlier approached this Court in W.P.(C) No.19924 of 2022. As the final assessment order has already been passed, the Petitioner prayed for withdrawal of the said writ petition seeking liberty to file a fresh one with better particular. Prayer was allowed vide order dated 7th September, 2022. Accordingly, the present petition has been filed. 4.

Mr. Dash, learned counsel for the TPCODL, on instruction, submits that final assessment amount is Rs.19,89,584.00/-.

5.

Taking into consideration the submissions of learned counsel for the parties, this Court disposes of the writ petition with a direction that the Petitioner may pursue its remedy

// 2 // initiated under Section 135 of the Act. Since the final assessment of Rs. 19,89,584.00/- has been made against the Petitioner-Unit, it is directed that on depositing of Rs.6,00,000/- (Rupees six lakh), power supply shall be restored to the Petitioner's Unit subject to compliance of other formalities. 6.

It is needless to say that the Petitioner shall go on paying the current dues.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) ms Judge