Enviro Technology Limited vs Dakshin Gujarat Vij Company ...
2021 Latest Caselaw 17534 Guj

     C/SCA/13265/2021                                     ORDER DATED: 22/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13265 of 2021

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                    ENVIRO TECHNOLOGY LIMITED
                               Versus
            DAKSHIN GUJARAT VIJ COMPANY LIMITED (DGVCL)
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Appearance:
AISHWARYA R CHIRLA(9713) for the Petitioner(s) No. 1,2
GUPTA LAW ASSOCIATES(9818) for the Petitioner(s) No. 1,2
PARITOSH R GUPTA(7583) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                  Date : 22/11/2021
                                   ORAL ORDER

1. Ms.Aishwarya Reddy, learned advocate appearing for the petitioners submitted that the petitioners, in the year 1999 have requested for increase of the power supply from 475 KVA to 750 KVA which request was granted by the respondent authority. In the year 2001, the petitioners once again requested to reduce the contracted power supply from 750 KVA to 475 KVA which was also granted and all the agreements for above load extension/reduction, was sanctioned under HTP-I. The petitioners, were aggrieved by the issuance of supplementary bill for an amount of Rs.50,86,918.65/- on 10.01.2005 for the period from 10.01.2000 to 31.10.2004 considering the units as per HTP-II (A) instead of HTP-I. The petitioners being aggrieved, preferred a writ petition before this Court which was disposed of vide order dated 03.02.2010 quashing and setting aside the supplementary bills and demand notices; however, it was left open to respondent board to revise the tariff rate after following the procedure in accordance with law. Intra- court appeal against the said order was not entertained. Ms.Aishwarya Reddy, learned advocate appearing for the petitioners

C/SCA/13265/2021 ORDER DATED: 22/11/2021

submitted that it was left open for the petitioners to raise all the contentions including citing the judgments; however, the respondent without considering the judgments and the issue laid down therein, has passed an order dated 27.04.2021 followed by the order passed in review dated 26.05.2021. It is submitted that the Hon'ble Division Bench of this Court in the case of Gujarat Electricity Board v. Hindustan Petroleum Corporation Limited rendered in Letters Patent Appeal No.261 of 2005 and other allied matters, in para 61 has held and observed thus:

"The meaning of the word "etc." cannot be expanded or read to include all other activities than manufacturing activity as sought to be canvassed on behalf of the Electricity Company. In view of the aforesaid, we cannot accept the contention of the Electricity Company that HTP-I tariff is applicable to only manufacturing unit or for manufacturing activity and all other activity than manufacturing activity would fall in HTP-II (A) category."

2. Considered the submissions. Issue notice, returnable on 20.12.2021.

3. Direct service is permitted.

(SANGEETA K. VISHEN, J) RAVI P. PATEL