Neutral Citation No. - 2025:AHC:125920-DB Court No. - 3 Case :- WRIT - C No. - 33584 of 2014 Petitioner :- M/S The Mahabir Jute Mills Ltd. Thru Director Respondent :- The Managing Director U.P.P.C.L. And 2 Others Counsel for Petitioner :- Mayank Agarwal Counsel for Respondent :- Kapil Dev Singh Rathore Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Mayank Agrawal, learned counsel for the petitioner and Sri Shivam Yadav, who has accepted notice on behalf of the respondents. 2. Present writ petition has been preferred by the petitioner for direction in the nature of mandamus directing the respondents to give actual credit/set off/adjust the statutory load factor rebate admissible to the petitioner as per the tariff orders dated 19.10.2012 (Financial Year 2010-11, 2011-12 & 2012-13) and dated 31.05.2013 (Financial Year 2013-14) in past & future consumption bills by not treating the security amount as "arrears". 3. At the very outset, learned counsel for the petitioner has submitted that similar controversy has earlier been raised in Writ Petition No.7390 of 2009 (M/s Jain Steels Vs. Paschiminchal Vidyut Vitran Nigam Ltd. and others) in which the Court has accorded indulgence vide order dated 24.02.2011. Placing reliance in M/s Jail Steels (Supra) similar indulgence has also been accorded in Writ-C No.27514 of 2012 (M/s Ayesha Steels Pvt. Ltd. vs. Paschimanchal Vidyut Vitran Nigam Ltd. and another) vide order dated 30.05.2012. For ready reference, the order dated 30.5.2012 passed in M/s Ayesha Steels Pvt. Ltd. v. Paschimanchal Vidyut Vitran Nigam Ltd. & Anr.) is quoted hereunder:- "Heard Mr. Mayank Agarwal, learned counsel appearing for the petitioner and Mr. Nripendra Mishra, learned counsel appearing for the Corporation. A Division Bench of this Court has passed the following order on 24.02.2011 in Civil Misc. Writ Petition No. 7390 of 2009 ( M/S Jain Steels Vs. Paschimanchal Vidyut Vitran Nigam Ltd. and Others):- "The issue raised in this petition is similar to that was issue in Civil Misc. Writ Petition No.7764 of 2011. Considering this, this writ petition is also allowed with the direction that the respondents are directed to grant load factor rebate in respect of the petitioner and adjust the amount, which the petitioner is entitled, against pending and future bills, for which the petitioner is entitled within a period of four weeks from today and intimate the same to the petitioner. In case they choose not to adjust against pending or future bills, then to pay the amount claimed to the petitioner within eight weeks from today." Learned counsel appearing for the parties have jointly contended that this matter is covered by such order. Accordingly, such order will also be applicable in this case. With the above observation and order, the writ petition is disposed of, however, without imposing any cost" 4. Learned counsel for the petitioner submits at Bar that the controversy in hand is no more res integra and the judgement and order dated 24.02.2011 passed in the case of M/s Jain Steels Vs. Paschiminchal Vidyut Vitran Nigam Ltd. and others (Supra) has attained finality and present matter is covered by the said order and as such for all practical purposes said order will be applicable in this case also. 5. So far as factual and legal aspect is concerned, the same could not be disputed by learned counsel for the respondents. 6. In the facts and circumstances of the case, present writ petition is also disposed of in terms of M/s Jain Steels Vs. Paschiminchal Vidyut Vitran Nigam Ltd. and others (Supra). Order Date :- 29.7.2025 K.K. Maurya (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad