Delhi High Court
Shiga Energy Pvt Ltd vs Central Electricity Regulatory ... on 20 May, 2021
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20th May, 2021
+ W.P.(C) 4537/2021
SHIGA ENERGY PVT LTD ..... Petitioner
versus
CENTRAL ELECTRICITY REGULATORY
COMMISSION & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sandeep Sethi, Senior Advocate with Mr. Deepank
Yadav, Advocate.
For the Respondent: Ms. Suparna Srivastava, Advocate with Mr.Tushar Mathur,
Advocate for Respondent No.2 (PGCIL)
Mr. Raghvendra Kumar, Advocate for R-3.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
CM APPLN. 13894/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P. (C) 4537/2021
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 08.02.2021 whereby the Central
Electricity Regulatory Commission has dismissed the application of
the petitioner, seeking to place the petition for hearing before a bench
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
MAGGU Signing Date:20.05.2021
Signing Date:20.05.2021 17:51:18 16:34
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
not comprising of Mr. I.S. Jha, member of the Commission and has
been pleased to adjourn the proceedings sine-die.
3. Subject application was filed on the ground of apprehension of
bias as Mr. I.S. Jha was earlier the Chairman-cum-Managing Director
of M/s Power Grid Corporation of India Ltd., one of the respondents
in the petition filed by the petitioner before the Commission and had
dealt with the said issue and had even corresponded with the
petitioner on behalf of M/s Power Grid Corporation of India Ltd. in
his capacity as Chairman-Cum-Managing Director.
4. It is pointed out by learned counsel appearing for M/s Power
Grid Corporation of India Ltd. that at time when the subject impugned
order was passed there were only three members in the Commission
and that now there are five members in the Commission.
5. Without, in any manner accepting the plea of alleged bias or
casting any aspersion on the independence and conduct of Mr. I.S.
Jha, I am of the view that as Mr. I.S. Jha was the Chairman-cum-
Managing Director of M/s Power Grid Corporation of India Ltd. and
had specifically dealt with the subject issue and corresponded with the
petitioner on behalf of M/s Power Grid Corporation of India Ltd.,
judicial proprietary demanded that the Commission should have
placed the matter before a different bench of which Mr. I.S. Jha was
not a member.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
MAGGU Signing Date:20.05.2021
Signing Date:20.05.2021 17:51:18 16:34
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
6. Since it is stated that at the time when the subject impugned
order was passed, there were only three members in the Commission
and now the strength of the Commission has increased, it would be
appropriate if the order adjourning the petition filed by the petitioner
sine-die is set aside and the petition is placed before a bench of the
Commission of which Mr. I.S. Jha is not a member.
7. Accordingly, order dated 08.02.2021 is set aside. Order
adjourning the petition sine-die is recalled and it is directed that the
petition be placed before a bench of which Mr. I.S. Jha is not a
member.
8. It is once again clarified that this order is passed without,in any
manner,accepting the allegation of bias or casting any aspersion on
the impendence or conduct of Mr. I.S. Jha.
9. The petition is disposed of in the above terms.
10. The Commission shall endeavour to dispose of the petition filed
by the petitioner expeditiously.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
MAY 20, 2021/'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
MAGGU Signing Date:20.05.2021
Signing Date:20.05.2021 17:51:18 16:34
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
