IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17181 of 2008 M/S KAMPER CONCAST LIMITED,a company incorporated under the Companies Act,1956 having its registered office at N.P.Centre, New Dakbunglow Road, P.S. Kotwali, District, Patna-1 through its Director Rajesh Kumar Goyal son of Late Vinod Kumar Goyal. Versus 1. BIHAR STATE ELECTRICITY BOARD through its Chairman, Vidyut Bhawan, Bailey Road, Patna. 2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. G.M.-cum- Chief Engineer, Central Electric Supply Area, Patna. 4. The Electrical Superintending Engineer, Patna Electrical Circle, R-Block, Patna. 5. Electrical Executive Engineer ( Comml. & Revenue ),Patna Electricity Supply Sub-division, R. Block, Patna. 6. Electrical Executive Engineer, Bihar Supply Circle, Bihar State Electricity Board, Bihar, Patna. 7. Bihar Electricity Regulatory Commission through its Secretary, Vidyut Bhawan-II, Bailey Road, Patna. With C.W.J.C. No.394 of 2009 J.M.D.Rolling Mill, a Division of M/s J.M.D. Alloys Limited, a company incorporated under the Indian Companies Act, 1956 having its registered office at Usha Complex, Kankarbagh Road, Patna and its factory at Deokuli Bihta through its Director and authorized signatory Sri Sanjay Gupta. Versus 1. Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna 2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. The Electrical Superintending Engineer, Patna Electrical Circle, R-Block, Patna. 4. Electrical Executive Engineer ( Comml. & Revenue),Patna Electricity Supply Sub-division, R- Block, Patna. --- For the petitioner: Mr. Y.V.Giri,Senior Advocate (In both cases) Mr. Raju Giri, Advocate For respondent No.7:Mr. Shree Nandan Prasad Singh,Advocate Mr. Ashok Kumar No.1 For respondent No.1: Mr. Vinay Kirti Singh,Advocate --- 8. 17.3.2009 The petitioners have challenged the additional security deposit demanded by the respondent- Bihar State Electricity Board on 24.5.2008 which, on protest by the two petitioners, was re-considered and the amount demanded was reduced from Rs, 94,59,672.00 to Rs. 79,45,743/- in the case of the petitioner- M/s.Kamper Concast Limited 2 whereas in the case of the petitioner–J.M.D. Rolling Mill it was reduced from Rs. 25,97,020/- to 22,22,675/-. After some arguments learned counsel for the petitioners submits that the petitioners are now prepared to deposit the revised amounts demanded by the Board by letters dated 22.10.2008 and 23.10.2008 respectively in the case of the two petitioners. It is pointed out that as per the order of this Court, the petitioner- M/s. Kamper Concast Limited has already deposited a sum of Rs. 23,41,723/-. An attempt is sought to be made by learned counsel for the Electricity Board that the earlier demand of additional security deposit made on 24.5.2008 was correctly raised and the subsequent reduction in the demand was unjustified, but since the same is sought to be made at the fag end when the matter has already been heard in detail and the above concession has been made by learned counsel for the petitioners, this Court does not deem it proper to permit the said issue to be raised, for which nothing has been placed on the record in the counter affidavits filed on behalf of the Board. In the above circumstances, both the writ applications are disposed of with a direction to deposit the amount of Rs. 79,45,743/- in the case of petitioner in C.W.J.C. No.17181/2008 after deducting the amount of Rs.23,41,723/- paid earlier and an amount of Rs.22,22,675/- in the case of the petitioner in C.W.J.C. No.394/2009 within a period of two weeks from today. The authorities of the Board are directed to re-calculate the additional security deposit payable for the next financial year in 3 terms of the new tariff brought into force with effect from 1.9.2008 and in case any amount is found to be refundable to the petitioners, then the same shall be adjusted in the future bills of the petitioners as submitted by learned counsel for the petitioners, which re-assessment regarding additional security deposit must, in terms of the tariff, be made in the months of April- May positively. VPS ( Ramesh Kumar Datta,J.)