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SABYASACHI BHATTACHARYYA
Gagan Ferrotech Limited – Appellant
Versus
West Bengal Electricity Regulatory Commission – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. 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 :
3. The other cardinal questions involved in all the ten writ petitions are the same, being :
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....
A licensee cannot exercise the power of electricity disconnection for the recovery of arrears that are more than two years old, unless such sums were continuously shown as recoverable in previous bil....
Supplementary bills can be raised for mistakes, but disconnection for non-payment after two years is prohibited under Section 56(2) of the Electricity Act, 2003.
The court established that consumers cannot be charged for interest/carrying costs due to DISCOMS' delayed payments, limiting the special fuel surcharge to the original principal amount only.
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
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