Madhya Gujarat Vij Company ... vs M/S Panoli Intermediate (India) ...
2021 Latest Caselaw 15277 Guj

     C/SCA/6167/2021                                ORDER DATED: 28/09/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 6167 of 2021
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 7836 of 2021
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                 MADHYA GUJARAT VIJ COMPANY LIMITED
                                 Versus
                M/S PANOLI INTERMEDIATE (INDIA) PVT. LTD.
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Appearance in Special Civil Application No.6167 of 2021
MS LILU K BHAYA(1705) for the Petitioner
MR ASHISH JHA(5591) for the Respondent(s) No. 1
for the Respondent(s) No. 2
Appearance in Special Civil Application No.7836 of 2021
MR ASHISH JHA(5591) for the Petitioner
MS LILU K BHAYA(1705) for the for the Respondent
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                  Date : 28/09/2021
                   ORAL ORDER

Order in Special Civil Application No.6167 of 2021

1. Ms. Lilu K. Bhaya, learned advocate appearing for the petitioner, submitted that the petitioner is aggrieved by the order dated 28.1.2021 passed by the Consumer Grievances Redressal Forum whereby, it has directed the petitioner to revise the supplementary bill for merging, considering effective date as 1.8.2018 within 15 days to the respondent, i.e., M/s. Panoli Intermediate (India) Pvt. Ltd.

2. It is submitted that the issue hinges around merging of the two connections and the said issue is no longer res integra. In support of such contention, reliance is placed on the CAV judgment dated 21.6.2019 of this Court in the case of Aarvee Denims and Exports Ltd. vs. Uttar Gujarat Vij Company Ltd. passed in Letters Patent Appeal No.1483 of 2013. Further reliance is placed on the judgments of this Court in the case Modern Denim Limited vs. Uttar Gujarat Vij Gujarat Ltd. passed in Letters Patent Appeal No.1069 of

C/SCA/6167/2021 ORDER DATED: 28/09/2021

2013 and Lakhani Filaments Pvt. Ltd. vs. Daxin Gujarat Vij Co. Ltd. passed in Special Civil Application No.15105 of 2012.

3. It is submitted that this Court, has considered the clause 3.5.1 which provides, inter alia, that the licensee may reclassify the consumer under appropriate category if it is found that consumer has been classified in a particular category erroneously, or the purpose of supply as mentioned in the distribution service agreement has changed or consumption of power has acceded limit of that category. It is submitted that this Court, has ruled in favour of the petitioner.

4. It is submitted that the grievance that the respondent had prayed for grant of load reduction upon payment of revised supplementary bill in terms of the order dated 28.1.2021, necessary decision has been taken for load reduction and the respondent, has already made the deposit under protest.

5. Ms. Bhaya, learned advocate states that since the respondent has paid the amount, the petitioner is not pressing for stay of the order dated 28.1.2021.

6. Considered the submissions.

7. Issue rule, returnable on 29.11.2021.

Order in Special Civil Application No.7836 of 2021

1. Mr. Ashish Jha, learned advocate appearing for the petitioner, has tendered written submissions. The same is ordered to be taken on record. Paragraphs 5 and 6 whereof read thus:

"5. Petitioner in this petition Panoli Intermediate (India) Pvt. Ltd Is a respondent in the petition no. SCA/6167/2021. The respondent in the petition no. SCA/6167/2021 has filed affidavit dated 14.09.2021 along with the necessary payment

C/SCA/6167/2021 ORDER DATED: 28/09/2021

evidences which is made UNDER PROETST against the disputed Invoice and seeking liberty to withdraw the petition no.SCA/7836/2021. The affidavit dated 14.09.2021 has been taken on the record by this Hon'ble High Court Registry on dated 20.09.201. The copy of the said affidavit has been served to the petitioner MGVCL. The said affidavit is marked on Page no. 65 in SCA/6167/2021.

6. Considering the forgoing reasons averred hereinabove, I the undersigned request to the Hon'ble High Court to withdraw the petition no.SCA/7836/2021 as the prayer sought in the petition becomes infructuous and requests to the Hon'ble Court to list the matter SCA/6167/2021 for further hearing as the said matter is challenged by the Respondent Panoli Intermediate (India) Pvt. Ltd."

2. In view of the written submissions dated 28.9.2021, Mr. Jha, learned advocate seeks permission to withdraw the present writ petition.

3. Permission as prayed for, is granted. The petition is disposed of as withdrawn. No order as to costs.

(SANGEETA K. VISHEN,J) BINOY B PILLAI