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2009 Supreme(All) 3338

ASHOK BHUSHAN, R.A.SINGH
TEHRI GIRDERS LIMITED – Appellant
Versus
PASCHIMANCHAL VIDYUT VITRAN NIGAM LIMITED – Respondent


Advocates:
Counsel :
B.C. Rai for the Petitioners in First two writ petitions and Mayank Agarwal for the Petitioners in rest of the three writ petitions; Ravi Kant and Pankaj Kumar Shukla for the Respondents in all writ petitions.

JUDGMENT

Hon’ble Ashok Bhushan, J.—All these writ petitions raise common issues and have been heard together. Pleadings are complete in Writ Petition No. 38 of 2009, which is treated to be leading writ petition. Counsel for the parties agree that all the writ petitions be finally decided.

2. We have heard Sri B.C. Rai, learned counsel for the petitioners in first two writ petitions and Sri Mayank Agarwal, learned counsel for the petitioners in rest of the writ petitions. Sri Ravi Kant, Senior Advocate, assisted by Sri Pankaj Kumar Shukla has been heard for the Paschimanchal Vidyut Vitran Nigam Limited.

3. The facts of Writ Petition No. 38 of 2009 are to be noted in some detail. The contracted load of the petitioners in the year 2007 was 5650 KVA. The petitioners made an application on 16.11.2007 for sanction and release of additional load of 2700 KVA. An order dated 25th February, 2008 was issued by the respondents sanctioning additional load. The order further required that additional security of Rs. 67,38,050/- is required to be given with regard to which bank guarantee be submitted. The petitioners claim to have protested against the demand of additional security, which has alrea













































































































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