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2009 Supreme(All) 3344

ASHOK BHUSHAN, R.A.SINGH
SUVIDHA ENGINEERS INDIA LTD – Appellant
Versus
PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD. – Respondent


Advocates:
Counsel :
Shashi Nandan and B.C. Rai for the Petitioner; Ravi Kant, Pankaj Kumar Shukla, A.N. Singh and H.P. Dube for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri B.C. Rai, learned counsel for the petitioners and Sri Ravi Kant, Senior Advocate, assisted by Sri Pankaj Kumar Shukla for the Paschimanchal Vidyut Vitran Nigam Limited (hereinafter referred to as the Corporation).

2. Both the writ petitions raise similar issues and have been heard together. Pleadings in Writ Petition No. 30363 of 2009 (hereinafter referred to as the first writ petition) are complete and counsel for the parties agree that both the writ petitions be finally decided.

3. Brief facts giving rise to this writ petition are; the petitioner was sanctioned, in the year 1997, load of 97 KVA by U.P. State Electricity Board. An assessment dated 12th April, 1999 was made against the petitioner alleging theft of electricity for an amount of Rs. 8,38,998/-. The appeal filed by the petitioner against the said assessment was dismissed by the Regional Appellate Committee on 29th April, 2000 against which petitioner filed a writ petition being Writ Petition No. 29916 of 2000. An interim order was passed by this Court on 14th July, 2000 directing for restoration of supply subject to petitioner depositing Rs. 4,00,000/- with stipulation that p





































































































































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