Jai Venkatesh Concast Private Limited v. Damodar Valley Corporation

23.03.2021 rc/ct.no.10 Item No.13 WPA No. 11020 of 2020 Mr. Suchayan Bandyopadhyay...for the petitioner Mr. Jaydeep Kar Mr. Prasun Mukherjee Mr. Deepak Agarwal ....for the DVC The grievance of the petitioner pertains to nonpayment of bills raised by the respondent authorities. It is submitted by the Advocate appearing on behalf of the petitioner that although this matter has been pending since December, 2020 the parties have been unable to resolve their disputes amicably.

Mr. Jaydeep Kar, Senior Advocate, appearing on behalf of the respondent authorities submits that the total dues of the petitioner is Rs.24.50 crores (approximately). It is also submitted on behalf of the respondent authorities that the electricity connection of the petitioner was disconnected as far as back in June, 2019 and that despite the respondent authorities having submitted a proposal the petitioner have not made any payment. After having considered the submission made on behalf of the parties I am of the view that there is no purpose in keeping this petition pending. The petitioner have been unable to demonstrate that they are in a position to make any payment to the respondent

authorities nor is there any bonafides on the part of the petitioner.

This matter has been adjourned on diverse occasions i.e. March 10, 2021; February 24, 2021; January 07, 2021.

It is evident that the petitioner has undertaken a kite flying exercise and there is no merit in the writ petition. I am also of the view that there is no ground whatsoever which warrants exercise of any discretion in favour of the petitioner.

In view of the above, WPA No. 11020 of 2020 is dismissed.

There shall be, however, no order as to costs. (Ravi Krishan Kapur,J)