IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15903 of 2004 M/S KISAN COLD STORAGE Versus THE BIHAR STATE ELEC.BOARD & ORS ----------- 3 11.02.2009 Heard counsel for the parties. It is not in dispute that the grievance of the petitioner is only with regard to certain relief under Clause 13 of the High Tension Agreement. The Board by Circular No. 810 dated 29.7.1994 has fixed a time limit of 90 days for filing an application seeking revision under Clause 13. It is the case of the petitioner that he had filed his claim under Clause- 13 of the H.T. Agreement within prescribed period calculated on the basis of date of receipt of the A.M.G. Bill. The impugned order the General Manager, however, records rejection of claim of the petitioner only on the ground of limitation i.e. its being filed after 90 days. Mr. Vinay Kirti Singh, counsel for the Board accepts this position that the period of 90 days cannot be strictly enforced as the period of limitation. Moreover, on the basis of material on record, he is also of the view that there can be two possible explanations, one which has been accepted by the General Manager in the impugned order and another which is being offered by the petitioner. That being so, this Court would hold that the petitioner should not have been non-suited only on the ground of technicality rather his case for exemption in terms of Clause-13, flowing from the agreement, should have been examined and decided on merits. That being so, the impugned order is hereby quashed and the matter is remitted back to the General Manager-cum-Chief Engineer, Tirhut Area, Muzaffarpur for deciding the case of the petitioner on merits. Let it be noted that this Court has not expressed any opinion on the merits of the claim of the petitioner under Clause-13 of the H.T. Agreement and therefore, it would be open for the General Manger to pass an appropriate order in accordance with law. With the aforementioned observations and directions this application is disposed of Bibhash (Mihir Kumar Jha, J.)