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SABYASACHI BHATTACHARYYA
Kalimata Ispat Industries Private Limited – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
JUDGMENT
Sabyasachi Bhattacharyya, J. - The petitioner no.1 is a manufacturer and supplier for the Indian Railways and has its factory at 1/98, Bidhan Sarani, Saheb Dihi, Barjora, District-Bankura. Both the Damodar Valley Corporation (DVC) and the West Bengal State Electricity Distribution Company Limited (WBSEDCL) are Distribution Licensees authorised to supply electricity to the consumers within the said command area. The petitioner no.1 is a consumer of WBSEDCL.
2. The petitioner no.2 is a Director of the petitioner no.1.
3. The petitioner no.1 has been taking electricity supply from the WBSEDCL and has preferred the instant writ petition contending that all benefits of the Scheme notified by the respondent no.1 (WBSEDCL) on October 15, 2015 have not been given to the petitioners and seeking extension of such benefits as well as refund of a sum of Rs.16,81,155/-, being allegedly the actual financial loss of the petitioners in the form of difference in revenue collected by the WBSEDCL.
4. The petitioners also claim benefits of Load Factor Rebate (including additional Load Factor Rebate) as per the Scheme of extension of additional rebate notified by the WBSEDCL in its Notice dated Fe
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Point of law: since Merit Order Despatch does not apply to renewable energy, which runs on Must Run Basis, the learned single Judge has not committed any illegality in directing that the respondents ....
The Ombudsman erred in failing to recognize the commercial relationship between the parties, which affected the determination of electricity tariff under the Electricity Act.
The main legal point established in the judgment is that the DVC could claim dues on the basis of differential amounts of charges in 2021, after the final tariffs were fixed in 2020. However, the DVC....
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