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2011 Supreme(All) 2859

SUDHIR AGARWAL
MODERN RICE MILL – Appellant
Versus
MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED – Respondent


Advocates Appeared:
B.C. Rai for the Petitioner; Praveen Kumar Srivastava, H.P. Dubey, C.S. Singh and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri B.C. Rai for the petitioner, Sri H.P. Dubey and Sri Praveen Kumar Srivastava, advocates for respondents 1 and 2 and Addl. Chief Standing Counsel Sri C.S. Singh for respondent Nos. 3 and 4.

2. As requested and agreed by learned counsel for parties, I proceed to hear this case and decide finally at this stage under the Rules of the Court.

3. The writ petition is directed against the order dated 22.11.2007 (Annexure 13 to the writ petition) whereby the Executive Engineer, Electricity Distribution Division-I, Madhyanchal Vidyut Vitran Nigam Ltd., Bareilly (hereinafter referred to as ‘EE’) has made final assessment order of Rs. 13,54,181/- and appellate order dated 10.6.2010 whereby the assessment has been modified to Rs. 4,81,976/- and consequential demand notice/bill issued by EE on 22.6.2010 raising a demand of Rs. 8,92,104/- i.e. the assessment as modified by the appellate authority and interest at the rate of 15 per cent to the tune of Rs. 4,10,128/- totaling to Rs. 8,92,104/-. Petitioner has also sought a writ of mandamus restraining respondents from realizing interest, minimum charges etc. from petitioner and to refund the amount alrea













































































































































































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