Gauhati High Court
Page No.# 1/3 vs The Electricity Ombudsman And 3 ... on 10 February, 2023
Page No.# 1/3
GAHC010019522023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/749/2023
ASSAM POWER DISTRIBUTION COMPANY LTD. AND ANR.
HAVING ITS OFFICE AT BIJULEE BHAWAN, PALTAN BAZAR,
GUWAHATI, KAMRUP(M), PIN- 781001, ASSAM
AND REPRESENTED ITS MANAGING DIRECTOR, SRI RAKESH KUMAR,
AGED ABOUT 48 YEARS,
SON OF SRI BALBIR SINGH,
RESIDENT OF IAS COLONY,
KHANAPARA, GUWAHATI, KAMRUP(M),
PIN- 781022, ASSAM.
2: THE AREA MANAGER
GUWAHATI IRCA-II
A.P.D.C.L.
JALUKBARI
GUWAHATI
DISTRICT- KAMRUP(M)
PIN- 781013
ASSAM
VERSUS
THE ELECTRICITY OMBUDSMAN AND 3 ORS.
CONSTITUTED UNDER THE ELECTRICITY ACT, 2003 AND HAVING ITS
OFFICE AT BIDYUT NIYAMAK BHAWAN,
AERC BUILDING, 3RD FLOOR, SIX- MILE,
GUWAHATI, DISTRICT- ASSAM
2:M/S H.K. SAGAR REALTORS LLP
REPRESENTED BY ITS PARTNER SRI HEMANT KUMAR AGARWAL AND
HAVING ITS OFFICE AT SATI JAYMATI ROAD
ATHGAON
GUWAHATI
KAMRUP(M)
PIN- 781001
ASSAM.
Page No.# 2/3
3:M/S BRAHMAPUTRA TMT BARS PVT. LTD.
REPRESENTED BY THE INTERIM PROFESSIONAL APPOINTMENT BY THE
HONOURABLE NATIONAL COMPANY LAWS TRIBUNAL AND HAVING HIS
OFFICE AT 3RD FLOOR
ADVIKA
OPPOSITE SUKRESWAR GHAT GARDEN
M.G. ROAD
PAN BAZAR
GUWAHATI
DISTRICT- KAMRUP(M)
PIN- 781001
ASSAM.
4:THE STATE BANK OF INDIA
REPRESENTED BY ITS MANAGING DIRECTOR AND HAVING ITS OFFICE
AT 18-19
DEVDAS KAMLLEG BLOCK
SYNERGY BUILDING
BANDRA KURLA COMPLEX
BANDRA EAST
BEHIND STOCK EXCHANGE
MUMBAI
PIN- 400051
MAHARASHTRA
INDIA
Advocate for the Petitioner : MR. P N GOSWAMI
Advocate for the Respondent : MR. D GOSWAMI (r-2)
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
10.02.2023
Heard Shri KP Pathak, learned Standing Counsel for the petitioner- APDCL.
2. In this case, the petitioner is the Assam Power Distribution Company Limited
which is aggrieved by the judgment and order dated 15.11.2022 in Appeal Petition No.
01/2022 by the Electricity Ombudsman which was preferred by the consumer against
the judgment and order passed by the Consumer Grievance Redressal Forum of the
APDCL. Shri Pathak, learned Standing Counsel, APDCL has submitted that the finding
Page No.# 3/3
of the Consumer Grievance Redressal Forum was based on all the materials on record
which did not require any interference and the present order passed by the learned
Electricity Ombudsman is not sustainable in law.
3. Shri D. Goswami, learned counsel submits that he has instruction to appear on
behalf of the respondent no. 2 and would file his response within a short time. He
further submits that presently there is no electricity connection for which the
respondent no. 2 is suffering in spite of the fact that it is the auction purchaser of the
property which was encumbered with the SBI (proforma respondent no. 4) by the
earlier owner (the proforma respondent no. 3).
4. Issue notice of motion, returnable on 13.03.2023.
5. Shri D. Goswami, learned counsel accepts notice on behalf of the respondent
no. 2. Extra copies of the writ petition be served upon him by Monday.
6. Steps for service of notice upon the respondent no. 1 be taken by registered
post with A/D. Steps by Monday.
7. At this stage, no notices are required to be issued to the proforma respondents
and such notice may be directed to be issued if occasion arises.
8. The contesting respondent no. 2 may file its pleadings before the next date i.e.
13.03.2023, so that a date for early disposal be given in this matter.
9. List this case on 13.03.2023.
10. Till the next date i.e. 13.03.2023, the impugned judgment and order dated
15.11.2022 passed in Appeal Petition No. 01/2022 shall remain suspended.
JUDGE
Comparing Assistant
