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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Jaishree Steels Private Limited – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
Headnote: Read headnote
JUDGMENT :
T.S. Sivagnanam, J.
1. This intra court appeal at the instance of the writ petitioner is directed against the judgment and order dated 08.06.2023 in WPO No. 2271 of 2022. The appellant filed the said writ petition challenging the order dated 12.05.2022 passed by the (CGRO) by which the demand made by the respondent, West Bengal State Electricity Distribution Company Limited (herein after referred to as the Distribution Company) by supplementary bill dated 13.08.2015 was affirmed. By the said demand, the distribution company demanded delayed payment surcharge (DPS) on the electricity charges due and payable by the appellant.
2. On 14.06.2016 the appellant entered into an agreement with Durgapur Projects Limited (DPL) for supply of electricity to its mini steel plant. On 16.07.2014, the revised contract demand was entered into between the first appellant and DPL. As per the respondent the load having been enhanced from 7 MVA to 12 MVA, bills are required to be raised with MF 400 instead of MF 200. On 13.08.2015
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 right to recover electricity dues through civil suits is not barred by the two-year limitation for disconnection proceedings under Section 56(2) of the Electricity Act.
The court established that while disconnection for non-payment is limited to two years, the right to recover amounts through civil proceedings remains intact.
The methodology for calculating delayed payment surcharge (DPS) on electricity bills should be uniform for non-L & MV Agriculture Consumers for each slab of period of delay, and the term 'month' in C....
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