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2015 Supreme(Pat) 99

NAVANITI PRASAD SINGH, JITENDRA MOHAN SHARMA
Niwas Choubey – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Appellant:Mr. Surendra Kr. Singh and Tulika Singh, Advocates.
For the Respondents:Mr. Vinay Kirti Singh and Akhileshwar Pd. Singh, Advocates.

JUDGMENT

NAVANITI PRASAD SINGH, J.

Heard Mr. Surendra Kumar Singh, learned counsel for the appellant, Mr. Vinay Kirti Singh, learned counsel for the erstwhile Bihar State Electricity Board and learned counsel for the State.

2. Even though there are neither factual disputes nor any dispute as to proposition of law still the learned Single Judge relegated the writ petitioner/appellant to avail remedy by way of appeal under the provisions of Bihar and Orissa Public Demand Recovery Act, 1914. This is a classic example of : Justice delayed is Justice denied. Justice hurried is justice buried.

3. M/s Sundeep Pipe Chemical Enterprises Private Limited (hereinafter referred to as the Company), a company incorporated under the provisions of the Indian Companies Act, 1956, applied for and was granted an electric connection by the erstwhile Bihar State Electricity Board (hereinafter referred to as the Board). An agreement was entered into between the Company and the Board. There were some dues. For recovery of the dues, the Board instituted a certificate proceeding against the writ petitioner/appellant, who was the Managing Director of the Company. A show cause was filed on behalf of petitioner/ap



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