GAHC010277152025 2026:GAU-AS:1966-

DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/27/2026 M/S SANYEEJI ISPAT LTD. AND ANR HAVING ITS REGD. OFFICE AND PRINCIPAL PLACE OF BUSINESS AT 9, BRINDABAN MARKET, S.J. ROAD, ATHGAON, GUWAHATI-781001, ASSAM.REPRESENTED BY ITS DIRECTOR

2: SHRI DHIRAJ KUMAR JAISWAL DIRECTOR OF APPLICANT NO. 1 R/O HOUSE NO. 29A SAI SARNAM BILPAR CHABNIPOOL REHABARI GUWAHATI - 781008 DIST. KAMRUP (M)

ASSA VERSUS ASSAM POWER DISTRIBUTION CO LTD APDCL REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI - 781001

2:THE CHIEF GENERAL MANAGER (COMMERCIAL)

APDCL BIJULIBHAWAN PALTAN BAZAR GUWAHATI - 781001

3:THE CHIEF GENERAL MANAGER (D)

APDCL BIJULI BHAWAN PALTAN BAZAR GUWAHATI 781001

4:THE GENERAL MANAGER (TI)

APDCL BIJULI BHAWAN PALTAN BAZAR GUWAHATI 781001

5:THE DEPUTY MANAGER (TI)

APDCL LAR BIJULI BHAWAN PALTAN BAZAR GUWAHATI 781001

6:THE AREA MANAGER IRCA II APDCL JALUKBARI GUWAHATI 781012

7:THE CHIEF EXECUTIVE OFFICER GE II APDCL GARIGAON JALUKBAR Advocate for the Petitioner : MR. S P ROY, MR.T YADAV,MS. P AGARWALA,MS. V RAI,JYOTISH DAS Advocate for the Respondent : SC, APDCL, For the applicants :- Mr. S.P.Roy, learned counsel, For the opposite parties :- Mr. S. P. Sharma, learned counsel BEFORE HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

11-02-2026 (Arun Dev Choudhury, J)

1. Heard Mr. S.P.Roy, learned counsel for the applicants. Also heard Mr. S. P.

Sharma, learned counsel for the opposite parties/respondents.

2. The present Interlocutory Application under Section 5 of the Limitation Act, 1963, is filed seeking condonation of the delay of 115 days in filing the connected writ appeal against the judgment and order(oral) dated 18.07.2025, passed by the learned Single Judge in WP(C) No. 8154/2017.

3. The applicants have approached this Court by filing WP(C) No. 8154/2017, assailing a “Provisional Assessment Bill” assessed under the Electricity Act, 2003 based on the alleged malpractice.

4. Prior to filing of such a writ petition, the applicants preferred an Appeal before the Statutory Appellate Authority against such a provisional assessment bill; however, during the pendency of the said appeal, a Final Assessment bill was made finalizing the Provisional Assessment Bill.

5. Against such Final Assessment Bill, the applicants preferred yet another appeal before the appellate authority under Section 127 of the Electricity Act, 2003.

6. Praying for waiver off 50% of the statutory deposit, for filing such statutory appeal, another writ petition being WP(C) No. 6807/2014 was filed, which was disposed of under order dated 09.01.2015, directing the applicants to deposit Rs. 20,00,000/- (Rupees Twenty Lakhs) only within a period of three days from the date of said order, and the applicants were given a further period of six months to deposit 50% of the assessment bill.

7. The appeal was decided on 05.01.2016, holding that the applicants committed malpractice, however, the penalty bill was held to be incorrect, with a further direction to calculate the amount in a definite manner.

8. In terms of such Appellate Order, the respondents revised the earlier bill with a notice to the applicants to pay the additional amount within the date specified in the Notice.

9. Being aggrieved, the applicants submitted a representation against such a decision, which was rejected by the authority, and accordingly, another writ petition being WP(C) No. 4983/2017 was filed, which was disposed of on

21.08.2017, directing the applicants to file a fresh representation.

10. Subsequently, the fresh representation filed was also rejected, after which the applicants preferred WP(C) No. 8154/2017.

11. The learned Single Judge under its Judgment and Order(oral) dated 18.07.2025 impugned in the connected writ appeal, interfered with the revised assessment bill and also the rejection order, with a liberty to the APDCL authority to