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2008 Supreme(Online)(Jhk) 5

JHARKHAND HIGH COURT
M. Karpaga Vinayagam, CJ
Tata Steel Ltd.(M/s.) v. Jharkhand State Electricity Board and Others


Advocates:
For the Appellants/Petitioners: Mr. Mittal
For the Respondents: Mr. Rajesh Shankar

1. Heard Mr. Mittal, learned counsel for the appellant and Mr. Rajesh Shankar, learned counsel for the respondents.

2. The only point which has been argued and to be decided in this appeal is as to whether the impugned bills raised by the Jharkhand State Electricity Board is barred under S.56(2) of the Electricity Act, 2003 ?

3. This point was raised by the appellant before the writ Court but the learned single Judge has rejected the said plea of the appellant and has answered the said question in negative.

4. S.56 of the Electricity Act, 2003 speaks about disconnection of supply in default of payment and it reads as under : -
"56. Disconnection of supply in default of payment - (1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose c












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