IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Arcelor Mittal Nippon Steel India Ltd. – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
S.K. Mishra, J.
1. The writ petition has been preferred assailing the Order dated 09.02.2023, so also Order dated 06.07.2023 passed by the Certificate Officer (Opposite Party No. 5) in Certificate Case No.01 of 2023, vide which the arrear electricity duty amounting to Rs.40,49,15,126/- was held to be recoverable from the Certificate Debtor, i.e., the Petitioner- Company, for alleged non-payment of dues pertaining to electricity duty relating to its Power Plant at Bijayachandrapur, Paradeep. That apart, the Certificate of Public Demand dated 09.02.2023, Demand Notice dated 20.07.2023 and Demand Notice dated 04.11.2023, and other consequential Demand Notices issued thereafter are also under challenge. The Petitioner also seeks for a direction to the Opposite Parties to consider and decide its representation dated 10.07.2023, seeking waiver from further proceedings.
2. The factual matrix involved in the present lis, as detailed in the writ petition, is that the electricity duty is allegedly outstanding against the Petitioner, particularly for the period prior to 29.01.2021, following the acquisition of the generating assets of M/s Essar Power Orissa Ltd., shortly hereinafter “
The court affirmed that procedural flaws and violations of natural justice necessitate judicial intervention, allowing for the reconsideration of a Certificate Officer's order on liability despite de....
The court ruled that a conveyance deed executed under the SFC Act, 1951 is exempt from stamp duty per Government Notification, and procedural rights must be honored in certificate proceedings.
(1) Recovery of dues – Limitation period of two (2) years prescribed for recovery of dues under Section 56 of Electricity Act, 2003 would apply to liabilities arising under 2003 Act, and not prior to....
Once a resolution plan is approved under the Insolvency and Bankruptcy Code, all claims for periods prior to its implementation are extinguished and cannot be enforced against the corporate debtor.
The limitation period for recovering electricity dues under Section 56(2) of the Electricity Act, 2003 is two years; claims beyond this period cannot be enforced.
Disputed claims for refund of cess on royalty must be resolved in civil courts, not through writ petitions, as they involve complex factual determinations.
Dismissal of application to set aside an ex-parte award in a motor accident claim cannot solely rely on delay when a prior concession was made by the opposing party, warranting examination of justice....
The main legal point established in this judgment is that the timelines for filing the written statement and counter-claim under Section 19(5)(i) of the Recovery of Debts Due to Banks and Financial I....
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.