Compliance with the process under Section 42(5) of the Electricity Act, 2003 and payment of outstanding dues are essential for obtaining a fresh electrical connection.

JUDGMENT :

The present case is taken up today through Video conferencing.

2. The present writ petition has been filed for issuance of direction upon the respondents to grant fresh electrical connection to the petitioner at its premises which the petitioner has acquired on auction through Bank of Baroda vide sale certificate dated 12.06.2018. Further prayer has been made for quashing letter dated 31.08.2018 (Annexure-5 to the writ petition) issued by the Chief Engineer-I (Commercial), Damodar Valley Corporation (DVC), Commercial Department, Kolkata whereby the respondent has made a demand of Rs.4,88,54,766/- towards the outstanding bill dues in respect of the acquired premises. The petitioner has also prayed for issuance of direction upon the respondents to grant compensation to the petitioner for delay of each day in granting fresh electrical connection to the petitioner as per the statutory provision of Section 43 of the Electricity Act, 2003.

3. An interlocutory application being I.A. No. 3538 of 2020 has been filed on behalf of the petitioner seeking direction upon the respondent-DVC to grant fresh electrical connection to the petitioner on the condition that it will deposit the alleged outstanding dues of the erstwhile consumer namely M/s. Uday Vijay Steel Pvt. Ltd. under protest in monthly installments of Rs.10,00,000/- which should be refunded/adjusted by the respondent-DVC against the energy consumption bills of the petitioner upon the final decision of the dispute with regard to the petitioner’s liability to pay the said dues.

4. The said interlocutory application was taken up by this Court on 12.01.2021 and on the said date, Mr. Rajiv Singh, learned counsel for the petitioner, prayed for an adjournment to file supplementary affidavit bringing on record certain developments taking place in the matter. Subsequently, a supplementary affidavit in I.A. No. 3538 of 2021 has been filed on behalf of the petitioner on 22.02.2021.

5. Mr. V.P. Singh, learned Senior Counsel for the petitioner, while referring to the said supplementary affidavit, submits that the petitioner is a registered partnership firm of Mr. Shyam Kumar Agarwal and Mr. Deepak Raj Mangalam, businessmen having no nexus or relationship whatsoever with M/s. Uday Vijay Steel Pvt. Ltd- the erstwhile owner of an industrial unit situated in the Industrial Area, Bokaro (“industrial premises”) or its Promoters/Directors- Mr. Uday Shankar Prasad, Mr Amarnath Singh and Mr. Suresh Kumar Sharma. The petitioner has become legal occupant of the concerned premises through publicly advertised E-Auction Sale conducted by an Authorised Officer of the Bank of Baroda (‘Mortgagee’) for Rs.3.10 Crores in accordance with law under the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 [in short to be referred as “the Act, 2002”] proceedings to recover its huge unpaid debts from M/s Uday Vijay Steel Pvt. Ltd. (‘Mortgagor’). The auction-sale of the concerned premises was made free from all encumbrances known to the Bank vide Sale Certificate dated 12.06.2018 issued as per Appendix-V read with Rule 9(6) of the Security Interest (Enforcement) Rules, 2002. The auction sale of the concerned premises by the Authorised Officer of Bank of Baroda under the Act, 2002 was duly confirmed by the learned Debts Recovery Tribunal, Ranchi which was pleased to dismiss the appeal preferred by the erstwhile owner, vide its order dated 28.09.2018 in S.A. No. 19 of 2018. The petitioner, vide its letter dated 06.08.2018, applied to the respondent-DVC for fresh electrical connection under Para 6.10(a) of the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015 (hereinafter to be called “the Regulations, 2015”). The respondent-DVC, vide its letter dated 31.08.2018, replied that the power supply to the concerned premises would be provided only after payment of the outstanding dues of Rs.4,88,54,766/- of erstwhile owner claiming