Supersmelt Ind. P. Ltd. And ANR.. v. West Bengal Electricity Reg. Com. And ORS.

08.04.2025 Item Nos.6-34 gd/ssd MAT 395 of 2023 East India Holdings Private Limited & Anr.

Vs.

Damodar Valley Corporation & Ors.

With FMA 592 of 2024 M/S. SBIW Steels Private Limited & Anr.

Vs.

Damodar Valley Corporation & Ors.

With MAT 436 of 2023 Arjan Dass and Sons Private Limited & Anr.

Vs.

West Bengal Electricity Regulatory Commission & Ors.

With MAT 438 of 2023 Surya Alloy Industries Limited & Anr.

Vs.

West Bengal Electricity Regulatory Commission & Ors.

With MAT 439 of 2023 Metsil Exports Private Limited & Anr.

Vs.

West Bengal Electricity Regulatory Commission & Ors.

With MAT 440 of 2023 Xpro India Limited & Anr.

Vs.

West Bengal Electricity Regulatory Commission & Ors.

With MAT 442 of 2023 H R Ispat Private Limited & Anr.

Vs.

West Bengal Electricity Regulatory Commission & Ors.

With MAT 454 of 2023 Haldia Steels Private Limited & Anr.

Vs.

West Bengal Electricity Regulatory Commission & Ors.

With MAT 485 of 2023 Supersmelt Industries Private Limited & Anr.

Vs.

West Bengal Electricity Regulatory

Commission & Ors.

With MAT 508 of 2023 Damodar Valley Corporation & Anr.

Vs.

Jai Ambey Metals Private Limited & Ors.

With MAT 509 of 2023 Damodar Valley Corporation & Anr.

Vs.

Shree Waris Piya Steel Company Private Limited & Ors. With MAT 511 of 2023 Damodar Valley Corporation & Anr.

Vs.

H. R. Ispat Private Limited & Ors.

With MAT 512 of 2023 Damodar Valley Corporation & Ors.

Vs.

M/S Sonic Thermal Private Limited & Anr.

With MAT 514 of 2023 Damodar Valley Corporation & Anr.

Vs.

XPRO India Limited & Ors.

With MAT 515 of 2023 Damodar Valley Corporation & Anr.

Vs.

Calster Sponge Limited & Ors.

With MAT 518 of 2023 CAN 4 of 2025 Damodar Valley Corporation & Anr.

Vs.

Alishan Steels Private Limited & Ors.

With MAT 519 of 2023 Damodar Valley Corporation & Anr.

Vs.

Metsil Exports Private Limited & Ors.

With MAT 520 of 2023 Damodar Valley Corporation & Anr.

Vs.

Surya Alloy Industries Limited & Ors.

With MAT 522 of 2023 CAN 4 of 2025 Damodar Valley Corporation & Anr.

Vs.

Sumangal Ispat Private Limited & Ors.

With MAT 523 of 2023 CAN 4 of 2025 Damodar Valley Corporation & Anr.

Vs.

Expandable Enterprise Private Limited & Ors.

With MAT 525 of 2023 Damodar Valley Corporation & Anr.

Vs.

HMB Ispat Private Limited & Ors.

With MAT 526 of 2023 Damodar Valley Corporation & Anr.

Vs.

Venkey Hi-Tech Ispat Private Limited & Ors.

With MAT 527 of 2023 Damodar Valley Corporation & Anr.

Vs.

Haldia Steel Private Limited & Ors.

With MAT 528 of 2023 Damodar Valley Corporation & Anr.

Vs.

Ruhr Ispat Private Limited & Ors.

With MAT 529 of 2023 Damodar Valley Corporation & Anr.

Vs.

Shree Ramdoot Rollers Private Limited & Ors.

With MAT 530 of 2023 Damodar Valley Corporation & Ors.

Vs.

M/s. Ispat Damodar Private Limited & Anr.

With MAT 531 of 2023 CAN 4 of 2025 Damodar Valley Corporation & Anr.

Vs.

H P Ispat Private Limited & Ors.

With MAT 762 of 2023 M/s. Ispat Damodar Private Limited & Anr.

Vs.

Damodar Valley Corporation & Ors.

With MAT 763 of 2023 M/s. Sonic Thermal Private Limited & Anr.

Vs.

Damodar Valley Corporation & Ors.

Mr. S.N. Mookherjee, Sr. Adv, Mr. A. Mazumdar, Sr. Adv.

Mr. B. Prasun Mukherjee Mr. Deepak Agarwal Mr. Subhrojyoti Mookherjee ... ... for the Damodar Valley Corporation.

Ms. Sharmishtha Ghosh Mr. Victor Chatterjee Mr. Amit Ghosh ... ... for WBERC Mr. Sagar Bandopadhyay Mr. Debdatta Saha Mr. Tapas Saha Mr. Subhamay Diwanji ... ... for Appellants in item no.7.

Mr. Sagar Bandopadhyay Mr. Kaushik Chatterjee ... ... for Appellants in item nos.33 and 34 and for the Respondents in item nos.

18 and 31.

Mr. Tanoy Chakraborty Mr. Shayak Mitra Mr. Abhijit Sarkar ... ... for Appellants in item no.12 and 17.

Mr. Tanoy Chakrbaorty Mr. Debsoumya Basak ... ... for Appellants in MAT 454 of 2023 and for the Respondent in MAT 527 of 2023.

Mr. Siddharth Shroff ... .... For Appellants in item nos.9, 10 and 11 and for the Respondents in items nos.19, 22 and 23 and for the Applicant in item nos.21 and 25.

Mr. Joydeep Kar, Sr. Adv.

Mr. Tanoy Chakraborty, Mr. Siddharth Shroff ... .... For Applicants in item nos.24 and 32. Re: CAN 4 of 2025 in MAT 518 of 2023, CAN 4 of 2025 in MAT 522 of 2023,

CAN 4 of 2025 in MAT 523 of 2023 and CAN 4 of 2025 in MAT 531 of 2023,

1. These applications have been filed praying for appropriate modification of the order and direction passed on 10.2.2025. The operative portion of the order reads as follows:

"11.

For above reasons, the respecting applications, being CAN 3 of 2025, are disposed of by modifying the earlier interim order by directing the consumers/appellants to pay 50% of the arrears based on the tariff as determined in the orders passed by DVC within a period of 60 days from the date of receipt of the server copy of this order and the balance 50% shall remain stayed, however, subject to the conditions that the consumers/appellants shall give unconditional bank guarantee from a scheduled bank within 60 days from the date of receipt of the same. It is made clear that this interim order is subject to final result of the appeals."

2. The prayer sought for in these applications would tantamount to review in the matters which is not permissible by way of such applications.

3. The learned senior advocates appearing for the applicants would submit that there are two limbs to the order dated 10.2.2025. The first limb directs payment of 50% of the arrears based on the tariff as determined in the orders passed by the DVC within a period of 60 days from the date of receipt of the server copy of the said order. It is submitted that the 60 days period comes to end on 11th April, 2025 and all the applicants are ready and willing to comply with

the said direction. The intention that they seek before this court is with regard to the second limb of the direction while granting a stay of the balance 50% of the demand based on the tariff, a condition was imposed directing the consumers/appellants to give unconditional bank guarantee from the scheduled bank within 60 days from the date of receipt of the same. The applicants would contend that so far as the second limb of the order is concerned, the consumers/appellants are ready to pay instead of furnishing bank guarantee but requires reasonable time of at least six months.

4. This prayer is opposed by the learned senior advocate appearing for the DVC.

5. As pointed out earlier by way of an application the earlier order cannot be re-written as it would tantamount to review of the order which would be impermissible.

6. But, however, considering the difficulties pleaded by the consumers/appellants, the court can consider whether the time of 60 days for compliance of the second limb of the direction can be increased.

7. After hearing the learned senior advocates for the parties for a considerable length of time, this court is of the view since the consumers/appellants are ready and willing to pay the remaining 50% instead of furnishing a bank guarantee without modifying the

earlier direction would only extend the time fixed to comply with the second part of the direction by granting 60 days time from the date of receipt of the server copy of this order.

8. It will be well open to the appellants either to the consumers/appellants to comply with the second limb of the direction as contained in paragraph 11 or to pay the balance 50% within the extended period.

9. In order to safeguard the interest of DVC, the consumers/applicants are permanently restrained from shifting to any other generating company till the payment is made.

10. It is made clear that the above direction will be applicable only to such of those consumers/appellants who had filed the applications before the court.

11. If any other consumers/appellants seek for a similar relief, they have to approach DVC by way of representation which shall be considered.

12. In addition to the order restraining the consumers/appellants from shifting to any other generating company, a post-dated cheque for the 50% of the balance amount shall be given by the consumers/appellants to DVC which shall be returned upon compliance of the condition either by furnishing bank guarantee or payment of the 50% within the extended time.

13. In these applications there is also a prayer sought for stay of the demand of delayed payment surcharge, such a prayer cannot be considered in these applications.

14. It will be well open to the applicants to work out their remedy in accordance with law.

15. Accordingly, all the applications stand disposed of. 16.

(T. S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)