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2012 Supreme(Ori) 515

S.K.MISHRA
BALASORE ALLOYS LIMITED – Appellant
Versus
NORTH EASTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LTD. – Respondent


Advocates Appeared:
Parag Tripathy, Senior Advocate, S.P. Sarangi, P.P. Mohanty, D.K. Das and P.K. Das, Advocates, for the Appellants; Sanjit Mohanty, Senior Advocate, P. Mohanty, D.N. Mohapatra, S. Mohanty, P.K. Nayak and S.N. Das, Advocates, for the Respondents

JUDGMENT :

S.K. Mishra, J. - In this writ petition, petitioner no.1, namely M/s. Balasore Alloys Limited (hereinafter referred to as the "petitioner-company"), has prayed to quash the disconnection notice issued by the Executive Engineer, Central Electrical Division, Balasore, opposite party no.2, on 16.12.2011.

2. The petitioner-company pleads that a disconnection notice under Section 56(1) of the Electricity Act, 2003 (hereinafter referred to as the "the Act" for brevity) read with Regulation 100 of the Odisha Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 2004 (hereinafter referred to as "the Code" for brevity) was issued demanding a sum of Rs. 1,65,51,26,499/- as outstanding dues as on 16.12.2011. The petitioner-company pleads that in the year 2004, the petitioner-company and opposite party no.1, North Eastern Electricity Supply Company of Odisha Ltd. (hereinafter referred to as "the NESCO" for brevity), mutually decided to settle the old outstanding dues by way of one time settlement. After series of negotiations and discussions, it was agreed that the arrear dues payable by the petitioner-company to the NESCO would be Rs. 3885.98 lacs as on 31.12.20












































































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