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2002 Supreme(Pat) 368

T.P.SINGH, S.N.JHA
Kanhaiya Lal – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This letters patent appeal is directed against an order of the learned Single Judge by which on the ground that the appellant has not exhausted the statutory remedy of revision available to him under section 62 of the Bihar Public Demands Recovery Act, his writ petition was dismissed.

2. The short facts of the case are that a commercial connection was granted to M/s Satyam Roller Flour Mill Pvt. Ltd., a company incorporated under the Indian Companies Act, 1956 (hereinafter referred to as the company) on the basis of an agreement entered between the company and the Bihar State Electricity Board on 5.12.89. The company failed to pay the electric dues and, in the circumstances. Certificate case (Electric) No. 34/95-96 was initiated by the Certificate Officer, Siwan, on the requisition of the Electricity Board. In the column of the Certificate-debtors the name of the appellant was also mentioned besides that of the company i.e. M/s Satyam Roller Flour Mill Pvt. Ltd. The appellant prayed for deletion of his name on the ground that the liability in question being corporate liability, his inclusion in the certificate proceeding was unwarranted and illegal. The plea found favour










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