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2025 DAILYLAW 2435 (JHR)

M/S KOHINOOR STEEL PRIVATE LIMITED REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. ANUTOSH MAJUMDAR v. JHARKHAND BIJLI VITRAN NIGAM LIMITED THROUGH ITS CHAIRMAN

WPC/576/2025 · 2025-04-03

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:10262 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 576 of 2025 M/s. Kohinoor Steel Private Limited, having its office at 326, Ashiana Trade Centre, Adityapur, Jamshedpur, through the Resolution Professional Mr. Ashok Kumar Sarawagi represented by its authorized signatory Mr. Anutosh Majumdar … … Petitioner Versus 1. Jharkhand Bijli Vitran Nigam Limited, Dhurwa, Ranchi 2. General Manager-cum-Chief Engineer, Singhbhum Electricity Supply Area, Jamshedpur 3. Electrical Superintending Engineer, Electric Supply Circle, Chaibasa 4. Jharkhand State Electricity Regulatory Commissioner through its Secretary, 2nd Floor, Sainik Bhawan, Main Road, Ranchi … … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. N.K. Pasari, Advocate For the Respondent Nos.1 to 3 : Mr. Ashok Kumar Yadav,SC, JUVNL Mr. Ranjan Kumar, AC to SC For the Respondent No. 4 : Mr. Rahul Saboo, Advocate ----- 07/03.04.2025 The present writ petition has been filed for quashing the order dated 30.08.2024 (Annexure-11 to the writ petition) passed by the Members, Vidyut Upbhokta Shikayat Niwaran Forum (VUSNF), Chaibasa at Jamshedpur in Case No. 04/2016, whereby the said case has been disposed of on the ground that similar matter is pending adjudication before this Court. Further prayer has been made for quashing the order dated 31.03.2014 (Annexure-10 to the writ petition) passed by the respondent no. 2, whereby the claim of the petitioner seeking remission in monthly KVA charges for the hours of load shedding/interruption for the period commencing from January, 2010 onwards has been rejected. 2. The petitioner has also prayed for issuance of direction upon the respondents to raise monthly energy bills strictly in accordance with the Tariff Order published by Jharkhand State Electricity Regulatory Commission, wherein the Commission has held that Clause 13 cannot be deleted from the HT Agreement in terms 2025:JHHC:10262 2 whereof the consumer is entitled for pro-rata reduction in the monthly demand charges based on actual supply hours to the consumer in any month. The petitioner has further prayed for issuance of direction upon the respondents to carry out adjustment of the monthly energy bill of the petitioner’s unit for the period commencing from January, 2010 onwards in terms with Clause 13 of HT Agreement. 3. Mr. Ashok Kumar Yadav, learned counsel for the respondent nos. 1 to 3, submits that the petitioner has an efficacious remedy of preferring appeal against the order dated 30.08.2024 passed by the VUSNF, Chaibasa at Jamshedpur in Case No. 04/2016 before the of Electricity Ombudsman, Jharkhand, which has been created under Section 42(6) of the Electricity Act, 2003. Hence, the present writ petition is not maintainable at this stage. 4. Having heard learned counsel for the parties and considering that the petitioner has efficacious remedy of preferring appeal against the order passed by the VUSNF, Chaibasa at Jamshedpur before the of Electricity Ombudsman, Jharkhand, I am not inclined to entertain the writ petition on merit at this stage. 5. The petitioner is, however, at liberty to take recourse of the statutory appeal before the Electricity Ombudsman, Jharkhand. 6. The writ petition is dismissed as not maintainable with aforesaid liberty. (Rajesh Shankar, J.) Manish