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2023 Supreme(Cal) 220

SABYASACHI BHATTACHARYYA
Saluja Steel & Power Private Limited – Appellant
Versus
Damodar Valley Corporation – Respondent


Advocates appeared:
For the Petitioners:Jayanta Kumar Mitra, Rajarshi Dutta, Rahul Poddar, Rahil Auddy, Aditya Gooptu, Advocates.
For the Respondents:Anirban Ray, Prasun Mukherjee, Deepak Agarwal, Advocates.

JUDGMENT

1. The present writ petition has been filed against a claim made by the respondent no.1-Damodar Valley Corporation (DVC) vide communication dated November 29, 2022 whereby the petitioner no.1-Company was requested to make two payments for the periods up to April, 2010 and from May, 2010 to August, 2012, which were outstanding dues in respect of M/s. Biswanath Ferro Alloys, the petitioner’s vendor, as a condition for giving a new electricity connection to the petitioners.

2. It was also indicated in the said communication that Delayed Payment Surcharge (DPS) would be applicable as per the prevailing Jharkhand State Electricity Regulatory Commission (JSERC) Regulations.

3. The Learned Senior Advocate appearing for the petitioners argues that the dues were for a period much prior to the purchase of the property by the petitioner no. 1 by direct sale from its vendor.

4. The dues were for the period April, 2010 to August, 2012, whereas the petitioner no.1 purchased the property-in-question by four deeds between the years 2019 and 2020.

5. It is contended that such claim was made despite the petitioners having made the usual payments and complying with all formalities as required und

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