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OFFICE NOTE: COMMERCIAL SECTION

No. P-Com/Recovery/
Date:

Sub: - Request by M/s Universal And Allied Private Ltd to withdraw Special Civil Suit No.
14/2017) of recovery of amount waived off under Special Amnesty Scheme and shown
his willingness to accept the “One Time Settlement” paid as the final settlement.
Consumer No. 430019002076.

Ref:- 1) Letter no.DOI/IDN/74/Universal Ferro-Bhandara/2018/B1400 dt.08.02.2018


2) Consumers application dated 13.03.2018

Background:-

The Assistant Director of Directorate of Industries has informed to M/s Universal And Allied
Private Ltd. that the applicant M/s Universal And Allied Private Ltd. has not applied either to Directorate
of Industries or to District Industry Centre, Bhandara under Special Amnesty Scheme of State
Government.
As the Special Amnesty Scheme is approved by corresponding office of MSEDCL, Bhandara, the
Directorate of Industries or District Industry Centre, Bhandara is having no role regarding arrears
recovery by the office of MSEDCL, Bhandara.

Therefore the M/s Universal And Allied Private Ltd has made an application to MSEDCL
requesting to withdraw the Special Civil Suit No.14/2017 for recovery of amount waived off under
Special Amnesty Scheme and accepting the “One Time Settlement” paid as the final settlement.

Brief History:

 M/s. Universal International Ltd. (UIL) is HT consumer of M.S.E.B. since 20.03.1981 having
contract demand of 25.66 MVA (Consumer No. 43001900207-6).

 The said consumer is Temporary Disconnected on dated 10.07.2003 of Rs. 152.09 Crs and
Permanently Disconnected on dated 25.05.2004 of Rs. 175.01 Crs.

 As per Board Resolution No. 76 dated 22.03.2012 and Commercial Circular No. 163 dated
19.04.2014, the amount of 50% interest & 100% DPC i.e. Rs. 37.52 waived off, the balance
amount is Rs. 137.49 Crs.

 The said consumer vide letter dated 22.07.2013 has requested for settlement of dues as per
Special Amnesty Scheme & other benefits.

 The Recovery Committee in its meeting dated 09.10.2013 (MOM of which circulated vide note
no. P-Com/RCM/MOM/1821 dated 21.10.2013) decided that the benefit shall be given to the
consumer as per all the terms and conditions/ provisions of Special Amnesty Scheme (Vishesh
Abhay Yojana) .Accordingly SE, Bhandara has conveyed the same package to the said consumer
and consumer paid Rs. 46.20 Crs vide Receipt No. 010480 dated 24.03.2014.

 However, the consumer failed to fulfill the specific condition under scheme that “The new
management who has taken benefit of Special Amnesty Scheme will have to start re-production /
new production at same place within 3 years from date of approval of Special Amnesty Scheme
otherwise benefit given under Special Amnesty Scheme will be recovered with interest @ 12%
per annum.”

 Hence, Special Civil Suit No. 14/2017 is filed on dt. 12.04.2017 for recovery of amount Rs
124.48 (Rs. 90.58 Crs. @ 12%) which was waived off under Special Amnesty Scheme due to non
fulfillment of above GR condition. The next date of hearing is 17.11.2017 for filing of Written
Statement

 In the meeting held under chairmanship of Hon’ble ACS (Industry) on 20.09.2017 at Mantralaya
the industry department has submitted that the said consumer has neither made tri-party
agreement for participation in the special amnesty scheme nor eligibility certificate issued to the
consumer. Hence, the consumer is not eligible to participate in Special Amnesty Scheme.

 Industrial department will not entertain on the issue of concession given as per Special Amnesty
Scheme by MSEDCL on its own. As per their say, MSEDCL on its own given benefit to this
consumer.

 In view of above points, the tri-party agreement clause is mentioned in GoM GR dated
14.08.2014 however the same clause not mentioned in GoM GR dated 01.08.2013. The benefit
given to the M/s. UIL is as per the terms and conditions of GoM GR dated 01.08.2013 in which
tri-party agreement for participation in the special amnesty scheme is not mentioned.

 The Assistant Director of Directorate of Industries has informed to M/s Universal And Allied
Private Ltd. that the applicant M/s Universal And Allied Private Ltd. has not applied either to
Directorate of Industries or to District Industry Centre, Bhandara under Special Amnesty Scheme
of State Government. There is no role of industrial department regarding arrears recovery by
MSEDCL as the special amnesty scheme is approved by MSEDCL.
Consumer Request:

Now, the consumer vide application under ref (2) has requested to withdraw the Special Civil Suit
No. 14/2017 filed for recovery of amount which is waived off under Special Amnesty Scheme and
ready to accept the “One Time Settlement “ paid as the final settlement. Also requested to sanction
fresh power connection at the earliest.

Proposal:

As per industry department stand, M/S UIL benefit given is not as per Special Amnesty Scheme
of GoM, in absence of tri-party agreement & issuance of certificate thereof by Industry Department.
MSEDCL can take decision on its own.

As principal amount is already recovered from the consumer by MSEDCL, consumer is


requesting to withdraw the recovery suit and allow him to participate in PD Amnesty Scheme for PD
Consumers-2016-17 (Nav Prakash Yojana).

Submitted for necessary guideline please.

Chief Engineer (Commercial)

Executive Director (Distribution-II)

Director (Operations)

Director (Finance)

Chairman & Managing Director

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