IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2313 of 2009 M/s BASANT VIHAR, located at shop No.52, Block-B, Maurya Lok, P.S.Kotwali, District Patna, through its Proprietor Raja Babu Gupta, son of late Vanshidhar Agrawal, resident of Mohalla Bandar Bagicha, P.O. G.P.O., P.S.Kotwali,Patna-petitioner Versus 1.THE STATE OF BIHAR , through the Secretary, Energy Department, Government of Bihar, Sinchai Bhawan,Patna 2.The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna, through its Chairman 3.Shri C.L.Prakash, General Manager-cum-Chief Engineer Patna Electric Supply Undertaking, Mangles Road,Patna 4.Shri Shri S.K.T.Singh, Electrical Superintending Engineer, Patna Electric Supply Undertaking(West), Mangles Road, Patna 5.Shri Kalam Mustafa, Assessing Officer-cum-Assistant Electrical Engineer, Electric Supply Sub-division, Maurya Lok, Patna------------------------opp.parties ----------- 2. 09.09.2009 In the show cause filed on behalf of the opposite parties, officials of the Board, it is admitted that in the bills after the order under contempt was passed the Board has raised delayed payment surcharge on the amounts which had been ordered to be kept in abeyance by this Court but subsequently realizing the mistake they have not done so thereafter. In the above circumstances, the contempt application is disposed of with a direction to the opposite parties, officials of the Board, to adjust the amounts charged and paid by the petitioner as DPS in the aforesaid 2 bills in the future bill(s) of the petitioner. It is also held that although the first instalment was deposited by the petitioner on 16.5.2009 despite the direction to do so by 15.5.2009 but in view of the explanation submitted by learned counsel for the petitioner the same is treated as valid. (Ramesh Kumar Datta,J.) spal/