w w w . L a w y e r S e r v i c e s . i n



The Chief Electrical Engineer, Electricity Department, Government of Goa, Through the office of the Executive Engineer, Div.-V, Electricity Department, Government of Goa & Others v/s M/s. Shetye Steels Limited, through its Director, Kundankumar Shetye & Others


Company & Directors' Information:- V S L STEELS LIMITED [Active] CIN = U27109KA2003PLC058185

Company & Directors' Information:- H M STEELS LIMITED [Active] CIN = U27106PB1999PLC022707

Company & Directors' Information:- D S R M STEELS PRIVATE LIMITED [Active] CIN = U27310TZ2005PTC012353

Company & Directors' Information:- P D P STEELS LTD [Active] CIN = U65921WB1996PLC077555

Company & Directors' Information:- R V M STEELS INDIA PRIVATE LIMITED [Active] CIN = U51420HR2004PTC035426

Company & Directors' Information:- S D S STEELS PRIVATE LIMITED [Active] CIN = U51420TN2006PTC060563

Company & Directors' Information:- R K K R STEELS PRIVATE LIMITED [Active] CIN = U27101TN1965PTC006069

Company & Directors' Information:- O P STEELS PRIVATE LIMITED [Active] CIN = U27109DL1987PTC027085

Company & Directors' Information:- M P S STEELS PRIVATE LIMITED [Active] CIN = U27100KL2012PTC038919

Company & Directors' Information:- H R STEELS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070914

Company & Directors' Information:- B G STEELS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC042560

Company & Directors' Information:- N G A STEELS PRIVATE LIMITED [Active] CIN = U27109TZ1995PTC005908

Company & Directors' Information:- C V S STEELS PRIVATE LIMITED [Active] CIN = U29253DL2009PTC189824

Company & Directors' Information:- P P S. STEELS INDIA PRIVATE LIMITED [Active] CIN = U27106TZ2002PTC010188

Company & Directors' Information:- J P STEELS LTD [Active] CIN = U27107AS1992PLC003736

Company & Directors' Information:- K P STEELS LIMITED [Liquidated] CIN = U27109TG1986PLC006878

Company & Directors' Information:- P L STEELS PRIVATE LIMITED [Active] CIN = U27109UR2004PTC000445

Company & Directors' Information:- Z V STEELS PRIVATE LIMITED [Active] CIN = U51909MH1997PTC109791

Company & Directors' Information:- M Q STEELS PRIVATE LIMITED [Active] CIN = U74899DL1997PTC089231

Company & Directors' Information:- N. STEELS PRIVATE LIMITED [Active] CIN = U27106GJ2009PTC056732

Company & Directors' Information:- GOA STEELS LTD [Active] CIN = U31200GA1985PLC000636

Company & Directors' Information:- C I C STEELS PVT LTD [Active] CIN = U27109WB1988PTC045251

Company & Directors' Information:- M J R STEELS PVT LTD [Active] CIN = U74999WB1996PTC076803

Company & Directors' Information:- H S M STEELS PRIVATE LIMITED [Active] CIN = U27100TG2010PTC067913

Company & Directors' Information:- D C STEELS LIMITED [Active] CIN = U27106PB1990PLC010517

Company & Directors' Information:- G M K STEELS PRIVATE LIMITED [Active] CIN = U74899DL2000PTC108623

Company & Directors' Information:- S I F STEELS LIMITED [Active] CIN = U27310GJ1972PLC002137

Company & Directors' Information:- S S R K STEELS PRIVATE LIMITED [Strike Off] CIN = U27109TG2007PTC055783

Company & Directors' Information:- M U STEELS PRIVATE LIMITED [Active] CIN = U27100DL2011PTC228818

Company & Directors' Information:- M P K STEELS I PRIVATE LIMITED [Active] CIN = U27109AS2005PTC007674

Company & Directors' Information:- L M STEELS PRIVATE LIMITED [Active] CIN = U13209UP1980PTC005064

Company & Directors' Information:- S I STEELS INDIA PRIVATE LIMITED [Strike Off] CIN = U52390PY2009PTC002285

Company & Directors' Information:- P M P STEELS LIMITED [Strike Off] CIN = U93090TN1994PLC026915

Company & Directors' Information:- M A STEELS PRIVATE LIMITED [Active] CIN = U27109KL2002PTC015691

Company & Directors' Information:- M D STEELS PRIVATE LTD. [Active] CIN = U74899DL1987PTC029358

Company & Directors' Information:- D. I. STEELS PRIVATE LIMITED [Active] CIN = U27100MH2005PTC153442

Company & Directors' Information:- A B M STEELS PRIVATE LIMITED [Active] CIN = U27101GJ1986PTC008391

Company & Directors' Information:- T & S STEELS INDIA PRIVATE LIMITED [Strike Off] CIN = U27109KA2007PTC043617

Company & Directors' Information:- T G V STEELS LIMITED [Strike Off] CIN = U27100TG1996PLC023224

Company & Directors' Information:- A TO Z STEELS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030735

Company & Directors' Information:- S K STEELS PVT LTD [Active] CIN = U27109WB1971PTC027999

Company & Directors' Information:- B. K. STEELS PVT. LTD. [Active] CIN = U27109WB1995PTC068343

Company & Directors' Information:- S M STEELS INDIA PRIVATE LIMITED [Active] CIN = U74899DL1974PTC007190

Company & Directors' Information:- I R C STEELS LTD [Active] CIN = U45208WB1966PLC024114

Company & Directors' Information:- G K M STEELS PRIVATE LIMITED [Active] CIN = U27105DL2012PTC246243

Company & Directors' Information:- R B STEELS PRIVATE LIMITED [Active] CIN = U27106AS1994PTC004200

Company & Directors' Information:- S. A. STEELS PVT LTD [Strike Off] CIN = U27106PB1985PTC006227

Company & Directors' Information:- A H STEELS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC073017

Company & Directors' Information:- J K L STEELS PVT LTD [Active] CIN = U27104DL1997PTC088424

Company & Directors' Information:- E D STEELS PVT LTD [Active] CIN = U27310MH1975PTC018180

Company & Directors' Information:- P AND B STEELS INDIA LIMITED [Active] CIN = U27106KL1995PLC008742

Company & Directors' Information:- V K STEELS PVT LTD [Strike Off] CIN = U27310HP1987PTC007712

Company & Directors' Information:- N E STEELS PRIVATE LIMITED [Strike Off] CIN = U27104WB2002PTC116973

Company & Directors' Information:- U R STEELS PRIVATE LIMITED [Strike Off] CIN = U27100TG2008PTC060899

Company & Directors' Information:- H S STEELS PRIVATE LIMITED [Active] CIN = U27109PB1995PTC016111

Company & Directors' Information:- G S STEELS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030339

Company & Directors' Information:- P M P STEELS PRIVATE LIMITED [Strike Off] CIN = U27109TZ1990PTC002882

Company & Directors' Information:- W S STEELS PRIVATE LIMITED [Strike Off] CIN = U27106PB1982PTC005084

Company & Directors' Information:- S. R. ELECTRICAL PRIVATE LIMITED [Active] CIN = U74999WB2011PTC169619

Company & Directors' Information:- K G K STEELS PRIVATE LIMITED [Strike Off] CIN = U27310TZ1997PTC008228

Company & Directors' Information:- K M S STEELS PRIVATE LIMITED [Strike Off] CIN = U27310TZ1997PTC008161

Company & Directors' Information:- S T STEELS PVT LTD [Active] CIN = U27106PB1990PTC010915

Company & Directors' Information:- K L STEELS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC038783

Company & Directors' Information:- S S A P STEELS PRIVATE LIMITED [Active] CIN = U27106DL1999PTC101645

Company & Directors' Information:- M F STEELS PVT. LTD [Active] CIN = U74899DL1971PTC005517

Company & Directors' Information:- R G STEELS PVT LTD [Active] CIN = U27109WB1987PTC042824

Company & Directors' Information:- C N STEELS PVT LTD [Strike Off] CIN = U27100GJ1994PTC022570

Company & Directors' Information:- K L STEELS P LTD [Strike Off] CIN = U27109PB1984PTC005895

Company & Directors' Information:- J G STEELS PRIVATE LIMITED [Active] CIN = U74899DL1997PTC086865

Company & Directors' Information:- S B STEELS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017414

Company & Directors' Information:- V I A STEELS PRIVATE LIMITED [Strike Off] CIN = U27109UP1993PTC015933

Company & Directors' Information:- K K STEELS INDIA PVT LTD [Active] CIN = U27109PB1990PTC010714

Company & Directors' Information:- D R J STEELS PRIVATE LIMITED [Active] CIN = U27310PB2007PTC031003

Company & Directors' Information:- S R R STEELS PRIVATE LIMITED [Strike Off] CIN = U27105KL1998PTC012156

Company & Directors' Information:- M. G. STEELS LIMITED [Active] CIN = U74999DL1986PLC025140

Company & Directors' Information:- A B N STEELS PRIVATE LIMITED [Strike Off] CIN = U27106OR1996PTC004473

Company & Directors' Information:- A Y STEELS PRIVATE LIMITED [Active] CIN = U74120UP2014PTC066079

Company & Directors' Information:- I D STEELS PRIVATE LIMITED [Active] CIN = U74899DL2000PTC109048

Company & Directors' Information:- V R STEELS PRIVATE LIMITED [Strike Off] CIN = U74899DL1981PTC011447

Company & Directors' Information:- R D STEELS LIMITED [Active] CIN = U27106PB1999PLC022934

Company & Directors' Information:- I M W ELECTRICAL PRIVATE LIMITED [Active] CIN = U31200DL1997PTC087183

Company & Directors' Information:- P S G STEELS PRIVATE LIMITED [Active] CIN = U27109HR1984PTC018249

Company & Directors' Information:- N D STEELS LTD [Strike Off] CIN = U28111WB1989PLC047025

Company & Directors' Information:- K J STEELS PVT LTD [Strike Off] CIN = U27310GJ1981PTC004392

Company & Directors' Information:- V L STEELS PRIVATE LIMITED [Strike Off] CIN = U27107WB2004PTC100815

Company & Directors' Information:- R K STEELS PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC020523

Company & Directors' Information:- S F STEELS PVT LTD [Active] CIN = U51900WB2006PTC107234

Company & Directors' Information:- E R S STEELS PVT LTD [Strike Off] CIN = U27104KL1994PTC008341

Company & Directors' Information:- K K K STEELS PRIVATE LIMITED [Strike Off] CIN = U27106PB1998PTC020961

Company & Directors' Information:- K. N. STEELS PRIVATE LIMITED [Strike Off] CIN = U27107WB2007PTC117868

Company & Directors' Information:- H AND G ELECTRICAL PRIVATE LIMITED [Active] CIN = U31909DL2003PTC119788

Company & Directors' Information:- A AND A STEELS PVT LIMITED [Strike Off] CIN = U27104CH1993PTC012992

Company & Directors' Information:- M G INDIA STEELS PRIVATE LIMITED [Strike Off] CIN = U27104TN2005PTC056331

Company & Directors' Information:- N. J. STEELS PRIVATE LIMITED [Amalgamated] CIN = U27108DL1996PTC077190

Company & Directors' Information:- B M STEELS PRIVATE LIMITED [Active] CIN = U51102TN1976PTC007165

Company & Directors' Information:- R T STEELS PVT LTD [Active] CIN = U27109TG1982PTC003556

Company & Directors' Information:- L. R. STEELS PRIVATE LIMITED [Strike Off] CIN = U27106UP2002PTC026946

Company & Directors' Information:- R. S. A. STEELS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51392DL2011PTC213878

Company & Directors' Information:- K S R STEELS PRIVATE LIMITED [Strike Off] CIN = U99999DL1992PTC049052

Company & Directors' Information:- S R STEELS PVT LTD [Strike Off] CIN = U27104PB1983PTC005586

Company & Directors' Information:- M B STEELS PRIVATE LIMITED [Strike Off] CIN = U99999MH1975PTC018595

Company & Directors' Information:- M R STEELS PVT LTD [Active] CIN = U27108MH1980PTC022743

Company & Directors' Information:- N I STEELS PRIVATE LIMITED [Strike Off] CIN = U27209UP1978PTC004654

Company & Directors' Information:- J M M D STEELS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035398

Company & Directors' Information:- B C S STEELS PRIVATE LIMITED [Strike Off] CIN = U27100PB2005PTC027831

Company & Directors' Information:- K. A. STEELS PRIVATE LIMITED [Active] CIN = U27100PB2011PTC034822

Company & Directors' Information:- B K STEELS PRIVATE LIMITED [Strike Off] CIN = U27109PB1985PTC006128

Company & Directors' Information:- J M D STEELS PRIVATE LIMITED [Active] CIN = U27300PB2012PTC036293

Company & Directors' Information:- P M ELECTRICAL PRIVATE LIMITED [Strike Off] CIN = U31200MH2004PTC148984

Company & Directors' Information:- A P R STEELS PRIVATE LIMITED [Strike Off] CIN = U27109DL2000PTC104579

Company & Directors' Information:- H A S STEELS PRIVATE LIMITED [Active] CIN = U27109DL2004PTC125908

Company & Directors' Information:- D N S STEELS PRIVATE LIMITED [Active] CIN = U28991DL2013PTC259964

Company & Directors' Information:- M R ELECTRICAL PRIVATE LIMITED [Strike Off] CIN = U29301DL1999PTC102576

Company & Directors' Information:- ENGINEER & ENGINEER PRIVATE LIMITED [Active] CIN = U74999DL2016PTC293097

Company & Directors' Information:- C S ENGINEER PRIVATE LIMITED [Strike Off] CIN = U45201DL2003PTC122355

Company & Directors' Information:- M P ELECTRICAL PRIVATE LIMITED [Strike Off] CIN = U31908DL2007PTC169105

Company & Directors' Information:- A M R ELECTRICAL PRIVATE LIMITED [Active] CIN = U31909DL2005PTC137439

Company & Directors' Information:- L & T STEELS PRIVATE LIMITED [Active] CIN = U27320PB2021PTC052861

Company & Directors' Information:- J R B ELECTRICAL PRIVATE LIMITED [Strike Off] CIN = U30000DL1993PTC052294

Company & Directors' Information:- A Z STEELS PVT LTD [Strike Off] CIN = U72100NL1993PTC003884

Company & Directors' Information:- A N STEELS PVT LTD [Strike Off] CIN = U72100AS1993PTC003848

Company & Directors' Information:- P S G STEELS PVT LTD [Active] CIN = U99999DL1984PTC018249

    Writ Petition Nos. 282 of 2013 & 347 of 2013

    Decided On, 02 March 2021

    At, In the High Court of Bombay at Goa

    By, THE HONOURABLE MR. JUSTICE M.S. SONAK & THE HONOURABLE MRS. JUSTICE BHARATI H. DANGRE

    For the Petitioners: Devidas J. Pangam, Advocate General with Sagar Dhargalkar, Additional Government Advocate. For the Respondent: Nitin N. Sardessai, Senior Advocate with Mr. Ryan Da Piedade Menezes and Ms. Gina Almeida, Advocates.



Judgment Text

Oral Judgment: (M.S. Sonak, J.)1. Heard Mr. D. Pangam, the learned Advocate General, who appears along with Mr. Sagar Dhargalkar, the learned Additional Govt. Advocate for the Petitioners in Writ Petition No.282/2013 and Mr. Nitin Sardessai, the learned Senior Advocate, who appears along with Mr. Ryan Menezes for the Respondents.2. We have also heard Mr. Nitin Sardessai, the learned Senior Advocate, who appears along with Mr. Ryan Menezes for the Petitioners in Writ Petition No.347/2013 and Mr. D. Pangam, the learned Advocate General, who appears along with Mr. Sagar Dhargalkar, the learned Additional Govt. Advocate for the Respondents.3. In Writ Petition No.282/2013, the challenge is to the order dated 30th May, 2012, made by the Electricity Ombudsman to the following effect :“ORDER34. Based on the above, the representation of the Appellant is disposed off with the following order:i. The impugned order of the CGRF, Electricity Department, Goa, is set aside.ii. Decision of the Chief Electrical Engineer, Govt. of Goa, conveyed vide letter dated 06.01.2004 to the concerned Executive Engineer, with respect to freezing of arrears of Rs. 30,89,533 w.e.f. 20.04.2001, which later realised to be not within the powers of the Chief Electrical Engineer as Head of the Department as per Goa State Govt. Notification on Financial Powers, and adjudged to be as not a valid decision, shall explicitly be cancelled forthwith so that clear message is sent to all concerned and the Appellant consumer, no longer, is kept under any more illusion.iii. Bills for the month of Oct. and Nov. 2000, as pleaded by the Appellant, shall be reconciled.iv. The bills shall be revised on month to month basis to arrive at the correct amount of arrears outstanding at the time of reconnection of the Appellant’s HT installation in May 2001.v. DPS shall be levied based on the judgement of the Hon’ble Supreme Court in the case of M/s Venkateshwara Alloy (P) Itd. V/s State of Goa and Ors i.e. at a flat rate-of 18% simple interest from the date of reconnection of the Consumer’s HT installation till the deposit of the entire amount by. The Appellant in terms of judgement of the Hon’ble High Court of Bombay at Goa in writ petition No. 847 of 2009.vi. DPS shall be levied only on such of the amount of arrears/dues which remained unpaid by the Appellant by due date.vii. Based on (iii) to (vi) above, month-wise statement, indicating (a) the amount of arrears payable (including levy of DPS), (b) amount paid by the Appellant consumer (including monthly current energy bills), and (c) the amount paid in excess or remaining to be recovered, shall be worked out, verified by the competent authority and made available to the Appellant.viii. Excess amount (if any), so determined, paid by the Appellant shall be refunded with interest equivalent to the bank rate (currently 6% p.a.) by way of adjustment against electricity bills of current consumption in respect of his HT installation to be raised on him hereafter.”4. In Writ Petition No.347/2013, the Petitioners who are the Respondents in Writ Petition No.282/2013, and the beneficiaries of the Ombudsman's order dated 30th May, 2012, seek its implementation. Therefore, it is only appropriate that both these Petitions are taken up for consideration and disposed of by a common Judgment and Order.5. We have heard the learned Counsel for the parties.6. We find that the basis of the Ombudsman's Order dated 30th May, 2012, is the communication dated 6/1/2004 issued by one of the Executive Engineers of the Electricity Department to another Executive Engineer.7. The communication dated 6/1/2004, reads as follows: “Chief Electrical Engineer, Government of Goa, Vidyut Bhavan,3rd Floor, Panaji, GoaDated :- 6/01/2004.To,The Executive Engineer,O&Me Division No.V,Electricity Department,Bicholim -Goa. Sub : Freezing of arrears and recovery of dues ofH.T. Installation - HTC - 22(B), M/s. Goa Steel Ltd. (Casting Division) at Bicholim.The undersigned is directed by the Chief Electrical Engineer to convey the approval to freeze the arrears of Rs.30,89,533=00 which was outstanding at the time of reconnection of the above H.T. Installation i.e. 20-4-2001. Also reconsile the H.T. bill issued for the month of October 2000 and November 2000 as demand charges are billed as per the billing/contract demand.In view of the above, H.T. bills issued to the above consumer shall be revised on month to month basis and final arrears/credit position shall be arrived and intimated to consumer. Sd/- (S.R. Kulkarni) Executive EngineerCopy to:-1) The Jt. Director of Accounts, O/o CEE. , Panaji.2) The Superintending Engineer, O&M. Circle-II(North), Panaji - Goa”.8. Now, there is absolutely nothing on record to indicate that the communication dated 6/1/2004 was ever addressed to or communicated to the Respondent(consumer). Mr. Sardessai, the learned Senior Advocate did try to submit that the consumer was aware of such communication and, in any case, such communication was ultimately furnished to the consumer by resort to the proceedings under the Right to Information Act (RTI). However, we find that the record neither indicates that the aforesaid communication was either addressed to the consumer or communicated to the consumer. The obtaining of such communication under RTI is not sufficient to claim legal rights of the nature claimed by the consumer.9. In absence of any formal communication, we fail to appreciate as to how the Ombudsman could have relied upon such communication and granted the consumer the benefit of freezing of arrears of 30,89,533/- which was outstanding Rs.in respect of the Consumer connection HTC-21(B).10. In State of Uttaranchal and another vs. Sunil Kumar and ors. (2011) 8 SCC 670) and Bachhittar Singh vs. The State of Punjab (AIR 1963 SC 395), it is held that unless and until there is valid communication of an order in accordance with the procedure prescribed under law, such order cannot have any legal effect. Such order cannot, therefore, be relied upon by a party to whom the same was neither addressed, nor communicated. This principle will apply in the present case and on that short ground, the order of the Ombudsman will have to be set aside.11. Besides, the learned Advocate General also submitted that even the Chief Engineer, much less any Executive Engineer had the power to approve any freezing of arrears towards electricity supply, in absence of any statutory backing or delegation of powers, even the Chief Engineer could not have directed or approved freezing of arrears. Since the Ombudsman has referred to no legal provision which may have conferred such powers on the Executive Engineer or for that matter, the Chief Engineer, the Ombudsman's order is vulnerable and is required to be set aside.12. On the aforesaid two grounds, we quash and set aside the Ombudsman's order dated 30thMay, 2012 and make the Rule absolute in Writ Petition No.282/2013.13. Since, the Ombudsman's Order dated 30th May, 2012 has been set aside, there is no question of grant of any relief in Writ Petition No.347/2013 which seeks implementation of the Ombudsman's Order dated 30th May, 2012. Accordingly, Writ Petition No.347/2013 is, hereby, dismissed.14. Mr. Sardessai, however, pointed out that the Petitioner wishes to apply for One Time Settlement (OTS) facility in pursuance of the scheme formulated by the State Government. The learned Advocate General points out that the consumer had applied for the benefit of such facility in respect of connection bearing No.HTC 18(B). The same has been rejected on the ground that there was no order of the Ombudsman in respect of this connection.15. Mr. Sardessai, on instructions, states that the consumer will now apply for the OTS in respect of the aforesaid connection HTC – 21(B), afresh and, without prejudice, he points out that in pursuance of the order made by this Court on 2nd March, 2010 in Writ Petition No.847/2009, the consumer has already deposited the entire demanded amount and, therefore, such deposit be taken into consideration for the purpose of the OTS. He, on instructions, submits th

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at the consumer will not be averse to adjustment of the deposited amounts towards the future bill cycle.16. If the consumer indeed makes an application for the OTS within four weeks from today, then, the State Government to consider the same in accordance with law and on its own merits. The State Government to also take into account the circumstance that deposit of the entire arrears was made by the consumer in pursuance of the order made by this Court in Writ Petition No.847/2009.17. All contentions of all parties on this issue are, however, left open. In case the consumer is aggrieved by any decision on its application for OTS, the consumer is granted liberty to take out appropriate proceedings to question the same.18. Both these Petitions are disposed of in the aforesaid terms. There shall be no order as to costs.19. All concerned to act on the basis of an authenticated copy of this order.
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