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2022 Supreme(Cal) 1098

SABYASACHI BHATTACHARYYA
Gagan Ferrotech Limited – Appellant
Versus
West Bengal Electricity Regulatory Commission – Respondent


Advocates appeared:
Surojit Nath Mitra, Advocate, Siddharth Shroff, Advocate, Gautam Shroff, Advocate, Shiladitya Barma, Advocate, Soumya Majumder, Advocate, Tanoy Chakraborty, Advocate, Riya Ghosh Pratik Dhar, Advocate, Victor Chatterjee Sharmistha Ghosh, Advocate, Victor Chatterjee, Advocate, Prasun Mukherjee, Advocate, Joydip Kar, Advocate, Deepak Agarwal, Advocate, Prasun Mukherjee, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The above-captioned ten writ petitions are heard and adjudicated together since the questions involved therein are similar in nature.

2. a common question which has arisen for consideration in three of the writ petitions, bearing WPa No.4168 of 2021 (Debanjana Hard Coke Private Limited and another vs. West Bengal Electricity Regulatory Commission and others), WPa No.15432 of 2021 (Jay ambey Metals Pvt. Ltd. and another vs. West Bengal Electricity Regulatory Commission and others) and WPa 16040 of 2021 (Surya alloy Industries Ltd. and another vs. West Bengal Electricity Regulatory Commission and others), which is different from those arising in the other seven, is :-

    i. Whether the Damodar Valley Corporation (DVC) can, in 2020-21, claim dues on the basis of bills raised during the years 2009, 2010, 2011 and 2013.

    3. The other cardinal questions involved in all the ten writ petitions are the same, being :-

      ii. Whether Delayed Payment Surcharge (DPS) could be charged by the DVC from its consumers on the basis of the Central Electricity Regulatory Commission (CERC) input tariff and/or otherwise, before the final retail tariff is settled by the West Be

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