IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6453 of 2006 KANISHKA CARBONS PVT.LIMITED N.H. 31, PAPRAUR BEGUSARAI THROUGH ITS MANGING DIRECTOR SRI BINOD HISARIYA @ BINOD KUMAR HISARIA, S/O LATE SHIV PRATAP HISARIYA, RESIDENT OF VILLAGE MARWARI MOHALLA, BEGUSARAI, P.S. BEGUSARAI, DISTT. BEGUSARAI. … PETITIONER. Versus 1. MITHILA AREA ELECTRICITY BOARD, DARBHANGA THROUGH THE GENERAL MANAGER-CUM-CHIEF ENGINEER. 2. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, MITHILA AREA ELECTRICITY BOARD, DARBHANGA. 3. THE SUPERINTENDING ENGINEER, ELECTRICAL, ELECTRIC SUPPLY CIRCLE SAMASTIPUR, P.S. AND DISTRICT- SAMASTIPUR. … RESPONDENTS. For the Petitioner: Mr. M.P. Gupta, Advocate. For the Respondent(s): Mr. Vinay Kirti Singh, Advocate. ----------- 3. 04.04.2011 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the ‘Board’) who has filed counter affidavit placing on record the notification of the Board dated 29.7.1994, whereunder H.T. Consumer is required to apply for grant of remission under clause-13 of the H.T. agreement by filing petition within 90 days of the raising of the demand. 2. This writ petition has been filed assailing the order dated 28.2.2005, Annexure-6, whereunder the claim of the petitioner for grant of remission under clause-13 of the H.T. agreement has been rejected on the ground that the same 2 has been filed beyond the period of 90 days. It is submitted on behalf of the petitioner that having received the bill he deposited the 50% of the demand raised vide receipt dated 23.4.2004, Annexure-3 but on account of circumstances beyond the control of the petitioner the remission application could not be filed within 90 days from the date of the demand. 3. Petitioner having deposited the amount of 50% in compliance of the circular of the Board dated 29.7.1994, Annexure-C to the counter affidavit, in my opinion his request for grant of remission should have been considered on merit although filed beyond the period of 90 days. Accordingly, the order dated 28.2.2005, Annexure-6 is set aside with direction to the General Manager-cum-Chief Engineer, Mithila Area Electricity Board, Darbhanga to reconsider the matter in accordance with law, as early as possible, in any case, within two months from the date of receipt/production of a copy of this order. In case, remission is allowed the same may be granted by way of adjustment in the subsequent bills of the petitioner. 4. The writ application stands disposed of. Ibrar/- ( V. N. Sinha, J.)