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2000 Supreme(Pat) 875

ASOK KUMAR GANGULY
Barauni Paper Industries Ltd. – Appellant
Versus
Bihar State Electricity Board – Respondent


Judgment

1. Heard counsel for the parties.

2. This writ petition has been filed primarily for the purpose of getting of out of the liability incurred by the petitioner on the basis of the agreement entered into between the petitioner-company and the Bihar State Electricity Board. The said agreement was entered into for the purpose of liquidating the dues of the petitioner-company to the extent of Rs. 51,57,152.65 (Rupees Fifty one Lac fifty seven thousand one hundred fifty two and paise sixty five) only in twenty monthly instalments. The said instalments were granted by the Board for liquidating the aforesaid dues.

3. In this connection, it may be mentioned that it is said that the petitioner- company previously approached the Chairman of the Board for re-connection of its dedicated power line and also to grant easy instalments of its dues. From Annexure-D to the counter-affidavit it appears that the petitioner was demanding 30 instalments to liquidate its dues while the Board agreed to give 12 instalments.

4. Ultimately, there was negotiation between the parties and the aforesaid agreement dated 26.4.99 (Annexure-2) was entered into in which the Board granted 20 instalments to the







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