IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3059 of 2009 ***** M/s Massina Cold Storage Limited situated at Village-P.O. Muktapur, P.S. Kalyanpur, District Samastipur through its Managing Director Shri Rama Nand Jha son of Late Ram Udgar Jha. …. …. Petitioner Versus 1. The Bihar State Electricity Board, Patna through its Chairman. 2. The General Manager-cum-Chief Engineer, Mithila Electric Supply Area, Darbhanga. 3. The Electrical Superintending Engineer, Electric Supply Circle, Samastipur. …. …. Respondents WITH CWJC No.3094 of 2009 ***** M/s Massina Cold Storage Limited situated at Village-P.O. Muktapur, P.S. Kalyanpur, District Samastipur through its Managing Director Shri Rama Nand Jha son of Late Ram Udgar Jha. …. …. Petitioner Versus 1. The Bihar State Electricity Board, Patna through its Chairman. 2. The General Manager-cum-Chief Engineer, Mithila Electric Supply Area, Darbhanga. 3. The Electrical Superintending Engineer, Electric Supply Circle, Samastipur. …. …. Respondents ----------- For the Petitioner : Mr. Abhya Shanker Singh, Advocate For the Electricity Board : Mr. Vinay Kirti Singh, Advocate ----------- 2. 6.3.2009. The petitioners in two writ applications assail the order dated 20.4.2007 and 24.9.2007 respectively contained in Annexure-12. By virtue of these orders the General Manager-cum-Chief Engineer, Mithila Electric Supply Area, Darbhanga has refused remission under Clause 13 of the H.T. Agreement for the period 2005-2006 and 2002-03 respectively under certain heads and interruption. Submission of learned counsel for the petitioners is that the orders are in teeth of the judicial pronouncements made on such issues by the High Court from time to time. Petitioners point out from the order that the remission for shut down and interruption below 30 minutes have not been considered and by the same logic remissions have also not been - 2 - taken into consideration for the holidays including all the Sundays of the months. Keeping the decision having been rendered in the case of Rishi Cement Company Ltd. and etc. vs. B.S.E. Board & others, A.I.R. 2002 Jhar. 1 and an order dated 10th December, 2008 passed in the case of M/s Bihar Fasteners Limited v. Bihar State Electricity Board and ors. and other case, the writ application is allowed. The impugned orders are quashed with a direction that the petitioners shall tender copies of these decisions along with their claim for such remission and respondent no.2 shall re-decide the issue. A decision will be rendered in the matter within a period of four months from the date of such filing of a petition by the petitioners. The writ applications stand disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)