IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1607 of 2009 M/S Balajee Ingot India Pvt.Ltd., a Company incorporated under the provisions of Companies Act, 1956, having its registered office at Naya Bazar, P.O. & P.S. Lakhisarai, District- Lakhisarai, through Gopal Krishna Sinha, son of Shri Sita Ram Prasad, resident of Khairi Mehsona, Jamui Road, P.O. & P.S. Lakhisarai, District-Lakhisarai ……… Petitioner Versus 1. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna, through its Chairman officiating at Vidyut Bhawan, Bailey Road, Patna 2. The General Manager-cum-Chief Engineer, Bhagalpur Electric Supply Area, Bhagalpur 3. The Chief Engineer, Commercial, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. The Electrical Superintending Engineer, Electric Supply Circle, Munger 5. The Electrical Executive Engineer, M.R.T. (I.C.) Munger 6. The Electrical Executive Engineer, Commercial, Bihar State Electricity Board, Vidyut Bhawan, Patna 7. The Electrical Executive Engineer, Gardanibagh, Patna 8. The Electrical Executive Engineer, Bankipur, Patna 9. The Electrical Executive Engineer, Electric Supply Division, Lakhisarai 10. The Assistant Electrical Engineer, Electric Supply Sub-division, Lakhisarai 11. The Director, Central Power Research Institute, Prof. C.V. Raman road, Sadashiv Nagar, Bangalore ………………….. Respondents ----------- For the petitioner:- M/S Y.V.Giri, Sr, Advocate & Suraj Samdarshi, Advocate For the Electricity Board:- Mr. Vinay Kirti Singh, Advocate. ------------ 4. 23.03.2009 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board. The petitioner has approached this Court seeking various reliefs including the quashing of the investigation and analysis report of the Central Power Research Institute conducted on 19.1.2009 but learned counsel for the petitioner ultimately confined his prayer only with respect to quashing the punitive bill dated 27.1.2009 for Rs. 3,51,70,794/- issued pursuant to the aforesaid report. 2 Learned counsel for the petitioner submits that the aforesaid punitive bill dated 27.1.2009 (Annexure-20) has been issued without first making a provisional assessment order and giving an opportunity to the petitioner to file his objection to the same and complying with the other requirements as laid down under the Electricity Act, 2003 and the Bihar Electric Supply Code, 2007. Learned counsel for the Board is unable to deny the aforesaid contention raised by learned counsel for the petitioner either on the basis of the counter affidavit filed on behalf of the Board or on instructions from the official of the Board who is present in Court. In the aforesaid circumstances, the writ application is partly allowed and the punitive bill dated 27.1.2009 for Rs. 3,51,70,794/- is quashed with a liberty to the competent Officer of the Board to issue a provisional assessment order and after complying with the provisions of the Act and the Code in this regard to pass a final order thereon and raise a punitive bill accordingly. If the petitioner deposits an amount of Rs. 1,50,00,000/- (One crore and fifty lacs) in three equal instalments, the first instalment payable on or before 31st March, 2009 and the remaining two instalments on or before the last day of April and May 2009 then within 48 hours of the production of a copy of receipt of deposit of the first instalment, the authorities of the Board shall restore the electrical connection of the petitioner. It is made clear that after the final assessment order has been passed and subject to any statutory 3 appeal being filed by the petitioner, the petitioner shall be liable to pay the remaining amount as determined by the authorities of the Board within a period of three months of the passing of the said final appellate order in three equal instalments. S.Pandey (Ramesh Kumar Datta, J.)