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C. M. POONACHA
Arpee Electrical Pvt Ltd. – Appellant
Versus
Chief General Manager (Elec) Operations Bescom – Respondent
| Table of Content |
|---|
| 1. petitioner seeks writ for interest payment (Para 1 , 2) |
| 2. history of petitioner's deposit and refunds (Para 3 , 4 , 5 , 6) |
| 3. respondent's objection to petitioner's claims (Para 7 , 8 , 9) |
| 4. court's consideration of submissions (Para 10 , 11) |
| 5. legal background of previous orders (Para 12 , 13 , 14) |
| 6. dismissal of review petitions (Para 15 , 16 , 17) |
| 7. court's refusal to initiate contempt proceedings (Para 18 , 19 , 20) |
| 8. writ petition rejected (Para 21) |
ORDER :
C.M. Poonacha, J.
The Petitioner is represented by its Managing Director who has appeared in person and is aged more than 80 years.
2. The above Writ Petition is filed seeking the following reliefs:
b) Issue a Writ in the nature of Mandamus directing the Respondent to pay accrued interest of Rs.19,15,97,891/- as on 31.01.2018 and to pay 2% p.m., compound interest from 01.02.2018 till the entire amount is paid which is strictly based on facts and in accordance to law which are not in dispute.
c) To pass any other order or directions that this Hon'ble Court may deem fit, just and proper in the interest
EMD is independent of the PPA and must be refunded following governmental withdrawal of approval; its retention constitutes unjust enrichment under Article 300A.
The main legal point established in the judgment is that a subsequent occupant is not liable for the electricity dues of the previous occupier and is entitled to a refund, as per the Supply Code of 2....
Companies or juristic entities cannot be punished for contempt; specific individuals must be named for compliance responsibilities.
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