NIRMAL RICE MILL v. TPWODL, SAMBALPUR
Court: High Court of Orissa
Bench: MR. JUSTICE K.R.MOHAPATRA
Judgment date:
Case summary
High Court of Orissa judgment dated 2024-02-13. NIRMAL RICE MILL v. TPWODL, SAMBALPUR. Read the judgment and case details on LawSphereX.
Judgment text
Signature Not Verified Location: High Court of Orissa, Cuttack IN THE HIGH COURT OF ORISSA AT CUTTACK W. P. (C) NO. 36099 OF 2021 Nirmal Rice Mill …. Petitioner Mr. Sampark Jenamani, Advocate on behalf of Mr. Goutam Kumar Acharya, Senior Advocate -versus- TPWODL, Sambalpur and others …. Opp. Parties Mr. Prasanta Kumar Tripathy, Advocate CORAM: JUSTICE K. R. MOHAPATRA ORDER 13. 02. 2024 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition seeks to assail the th letter dated 5 October, 2021 (Annexure-3) communicating the additional bill for payment within a period of seven days failing which it was instructed that the Petitioner-Rice Mill will face disconnection of power supply. 3. Mr. Tripathy, learned counsel for TPWODL submits that since the dispute is with regard to billing amount, the Petitioner has an efficacious remedy under Section 42(5) of the Electricity Act, 2003 (for short ‘the Act’). 4.
Learned counsel for the Petitioner, however, submits that availability of the alternative remedy shall not oust the jurisdiction of the Court under Article 226 of the Constitution in a just case. // 2 // Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Feb-2024 19:41:22 5. As the Petitioner has a remedy under Section 42(5) of the Act, I am not inclined to interfere with the letter under Annexure-3. 6. The Petitioner, if so advised, may work out its remedy in accordance with law. Urgent certified copy of this order be granted on proper application. (K. R. Mohapatra) bks Judge
Source: High Court of Orissa. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.