Application by Dalmia Cement (Bharat) Limited Seeking Change of Name of M/S Ocl India Limited to M/S Dalmia Cement (Bharat) Limited Situated at Vill

ORDER

WEST BENGAL ELECTRICITY REGULATORY COMMISSION

IN THE MATTER OF

CASE NO. OA-317/19-20

APPLICATION BY DALMIA CEMENT (BHARAT) LIMITED SEEKING CHANGE OF NAME OF M/S OCL INDIA LIMITED TO M/S DALMIA CEMENT (BHARAT) LIMITED SITUATED AT VILL. KULAPACHURIA, P.O. BEUNCHA, GODAPIASAL, P.S. SALBONI, DIST. WEST MEDINIPUR, WEST BENGAL.

PRESENT: SRI SUTIRTHA BHATTACHARYA, CHAIRPERSON SRI DURGADAS GOSWAMI, MEMBER SRI PULAK KUMAR TEWARI

DATE: 18.03.2020

Certified true Copy Application by Dalmia Cement (Bharat) Limited seeking change of name of M/s OCL India Limited to M/s Dalmia Cement (Bharat) Limited situated at Viii. Kulapachuria, P.O. Beuncha, Godapiasal, P.S. Salboni, Dist. West -- Medinipur, West Bengal.

FACTS IN BRIEF

1.0 The Commission passed an order dated 31.10.2019 in case no. OA-302/18-19 between OCL Bengal Cement Works, a unit of OCL India Limited (OCL), West Bengal State Electricity Distribution Company Limited (WBSEDCL) and West Bengal State Electricity Transmission Company Limited (WBSETCL) in regard to the grant of Inter-state Short Term Open Access (STOA) for 07 MW power from OCL's captive power plant at Rajgangpur, Odisha to OCL's Bengal Cement Works situated at Viii: Kulapachuria, P.O: Beuncha, Godapiasal, P.S: Salboni, Dist: West Medinipur, West Bengal - 721129.

2.1. Upon passing the abovementioned order by the Commission, the Commission received an application from Dalmia Cement (Bharat) Limited, vide no.

DCBL/Merger/ELECT/06/2019-20 dated 251h November, 2019 seeking change of name of M/s OCL India Limited to Mis Dalmia Cement (Bharat) Limited as the petitioner in the above order dated 31.10.2019 passed by the Commission.

1 2.2. It is submitted that pursuant to the order dated 20 h April, 2019 of the Hon'ble National Company Law Tribunal, Single Bench, Chennai in the matter of Schemes of Arrangement of Amalgamation, M/s OCL India Limited has been merged with M/s Dalmia Cement (Bharat) Limited. Accordingly, the name of the company, in question, has been changed from M/s OCL India Limited to M/s Dalmia Cement (Bharat) Limited. The relevant documents in this regard have been submitted along with the application.

2.3. It is further submitted that a new Memorandum of Agreement for supply of power in the name of M/s Dalmia Cement (Bharat) Limited has been executed with WBSEDCL on 01.11.2019. A copy of the agreement has been submitted along with the application. Moreover, WBSEDCL has advised to take step to rectify the name from OCL India Limited to Dalmia Cement (Bharat) Limited in the order dated 31.102019 in case no. OA-302/18-19 passed by the Commission.

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2.4. In view of above, the applicant prayed before the Commission to change the name of M/s OCL India Limited to M/s Dalmia Cement (Bharat) Limited as the petitioner in the order dated 31.10.2019 in case no. OA-302/18-19 and hold good for M/s Dalmia Cement (Bharat) Limited.

OBSERVATIONS OF THE COMMISSION

3.0 The Commission noted the contention of the applicant and from the documents submitted by the applicant the Commission observes that -

3.1 The amalgamation between OCL India Limited and Dalmia Cement (Bharat) Limited took place well before the date of order passed by the Commission in case no. OA- 302/18-19. But, OCL India Limited has never disclosed the fact during hearing which is a gross mistake on the part of OCL India Limited. On other hand, this information was formally available with WBSEDCL during the process of hearing and they executed new agreement with revised name immediately after the matter was disposed of by the Commission;

3.2 The change of name happened even before filing the petition by OCL India Limited in regard to grant of Inter-state Short Term Open Access (STOA) for 07 MW power from OCL's captive power plant at Odisha before the Commission;

3.3 The Commission do not understand as to why such information regarding amalgamation of OCL India Limited with the Dalmia Cement (Bharat) Limited was suppressed before the Commission when they are owned by the same company.

3.4 The Commission has taken seriously the matter of deliberate suppression of fact by both the OCL Limited and WBSEDCL regarding the amalgamation.

ORDER

4.0 On the basis of the observations as elucidated above and keeping in mind the suppression of fact, the Commission orders that -

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a) Dalmia Cement (Bharat) shall send a reply on or before 5th April, 2020 explaining the failure to bring to the notice of the Commission of the fact that OCL India Limited has been amalgamated with Dalmia Cement (Bharat) Limited in terms of order dated 20.04.2018 of Hon'ble National Company Law Tribunal, Single Bench, Chennai;

b) Similarly, WBSEDCL shall also submit a reply on or before 5th April, 2020 as to why they did not disclose this matter before the Commission, in course of hearing, when they were in full knowledge of the facts;

5.0 Let a copy of the order be served upon Dalmia Cement (Bharat) Limited and WBSEDCL.

Sd/- Sd/• Sd/- (PULAK KUMAR TEWARI) (DURGADAS GOSWAMI) (SUTIRTHA BHATTACHARYA) MEMBER MEMBER CHAIRPERSON CertifleO K'P coo,1 DATED: 18.03.2020

(T.K.M~~ SECRETARY /

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