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DIPANKAR DATTA, PANKAJ MITHAL
Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited – Appellant
Versus
Bapuna Alcobrew Private Limited – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
THE CHALLENGE
1. The final judgment and order dated 13th October, 20111[impugned judgment, hereafter] of the High Court of Madhya Pradesh2[High Court, hereafter], allowing the writ appeal3[Writ Appeal No. 550/2009] presented by the first respondent, is under assail in the present appeal by special leave.
BRIEF RESUME OF FACTS
2. The factual matrix of the case, insofar as is relevant for the purpose of deciding the present appeal, is noted hereinbelow:
I. The first appellant is the state electricity distribution utility for the State of Madhya Pradesh, while the second and the third appellants are its officers. The first respondent is a company registered under the Companies Act, 1956. It is engaged in the business of manufacturing rectified spirit, extra neutral alcohol and bottling of Indian made foreign liquor. The second respondent is the Madhya Pradesh Pollution Control Board, which had asked the first respondent to submit a proposal with respect to its plans for a bio- gas electricity generation unit. The first respondent did not pursue any communication with the second respondent thereafter and, thus, no relief has been sought in this appeal against th
(1) Recovery of dues – Limitation period of two (2) years prescribed for recovery of dues under Section 56 of Electricity Act, 2003 would apply to liabilities arising under 2003 Act, and not prior to....
Supplementary bills can be raised for mistakes, but disconnection for non-payment after two years is prohibited under Section 56(2) of the Electricity Act, 2003.
The Electricity Board must adhere to statutory notice requirements before disconnection and cannot recover charges post-disconnection without such compliance.
The limitation period for recovering electricity dues under Section 56(2) of the Electricity Act, 2003 is two years; claims beyond this period cannot be enforced.
(1) Duty to supply electricity under Section 43 of 2003 Act is not absolute and is subject to such charges and compliances stipulated by Electric Utilities as part of application for supply of electr....
The right to recover electricity dues through civil suits is not barred by the two-year limitation for disconnection proceedings under Section 56(2) of the Electricity Act.
The main legal point established in the judgment is that the Electricity Act imposes a statutory duty on the respondents to provide electricity connection to the petitioner within a specified period,....
The court established that while disconnection for non-payment is limited to two years, the right to recover amounts through civil proceedings remains intact.
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