IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2681 of 2006 M/S LUMBINI BEVERAGES PVT.LTD., Hajipur Industrial Area, Hajipur through its Chief Executive Officer, Ganesh Prasad Singh, Son of Late J.N. Singh, resident of Maheshnagar, P.S.-Patliputra, Town & District-Patna. -----------Petitioner Versus 1. THE BIHAR STATE ELECTRICITY BOARD, Vidyut Bhavan, Bailey Road, Patna through its Chairman. 2. The General Manager-cum-Chief Engineer, Tirhut Area Electric Supply, Tirhut Division, Muzaffarpur. 3. The Electrical Executive Engineer (Commercial & Revenue) Muzaffarpur Electric Circle, Muzaffarpur. ------------Respondents ----------- For the Petitioner:- Mr. Rajan Prakash, Adv. Mr. Suraj Samdarshi, Adv. For the Respondents:- Mr. Vinay Kirti Singh, Adv. Mr. Vijay Kumar Verma, Adv. B.S.E.Board. --------------------- 3. 09.02.2011 Heard learned counsel for the petitioner and counsel for the Board. 2. Petitioner is a high tension consumer of the Board. This writ petition has been filed praying inter alia to quash the order of the General Manager contained in letter no.4519 dated 3.9.2005, whereunder representation of the petitioner filed under clause 13 of the high tension agreement has been rejected holding the representation to be time barred filed beyond the period of 90 days. 3. It is submitted on behalf of the petitioner that having received the bill the amount was deposited but there was delay in filing the 2 representation under Clause 13 of the agreement. The representation having been rejected on technical ground that the same was filed beyond the time provided under notification of the Board bearing no. 810 dated 29.7.94 and not considered on merit, I set aside the order dated 3.9.2005 (Annexure-1) directing the General Manager-cum-Chief Engineer to consider the representation of the petitioner filed in terms of clause 13 of the agreement on merits without taking into account the delay in filing the same. Appropriate order in this regard be passed by the General Manager as early as possible in any case within a period of three months from the date of receipt/production of a copy of this order. 4. The writ application is disposed of. Anand Kr. ( V. N. Sinha, J.)