Metsil Exports Private Limited And ANR v. West Bengal Electricity Regulatory Commission And ORS

28.01.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 609 of 2021 Metsil Exports Private Limited & Anr.

Vs.

West Bengal Electricity Regulatory Commission & Ors. Mr. S.N. Mitra, Sr. Advocate Mr. J. Chakraborty Mr. C. Shroff Mr. S. Shroff ... For the petitioners Mr. Pratik Dhar, Sr. Advocate Mr. Ritwik Pattanayak Ms. Sharmistha Ghosh Mr. Victor Chatterjee Ms. Neha Chakraborty ... For the respondent no.1 Mr. Jaydip Kar, Sr. Advocate Mr. Prasun Mukherjee Mr. Deepak Agarwal ... For DVC After hearing the parties and considering the materials on record, the following order is passed:- (i) The petitioner no.1 shall, by 8th February, 2021, pay to the respondent no.2 (Damodar Valley Corporation) a sum of Rs.18,19,834/-(Rs.27,19,834/- - Rs.9,00,000/-).

(ii) The respondent no.2 from the bill for the month of January, 2021 to be raised in early February, 2021 shall give adjustment of a sum of Rs.9,00,000/-

to the petitioner no.1 from the aggregate bill value of that month.

(iii) The respondent no.2 from the bill for the month of February, 2021 to raise in early March, 2021 shall give adjustment of Rs.9,19,834/- (Rs.27,19,834/- - 18,00,000/-) to the petitioner no.1 from the aggregate bill value of that month.

This order is passed only with regard to the instant writ petition and in the case of the petitioners. This order shall not create any precedence in respect of any other person/entity similarly placed like that of the petitioners but has not approached the Court.

With the above observation, the writ petition stands disposed of accordingly.

Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)