Gujarat High Court
Dakshin Gujarat Vij Company ... vs M/S Hikal Limited on 20 March, 2023
Bench: Vaibhavi D. Nanavati
C/SCA/13665/2021 ORDER DATED: 20/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13665 of 2021
==========================================================
DAKSHIN GUJARAT VIJ COMPANY LIMITED
Versus
M/S HIKAL LIMITED
==========================================================
Appearance:
MS LILU K BHAYA(1705) for the Petitioner(s) No. 1
MS MINOO A SHAH(774) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 20/03/2023
ORAL ORDER
1. By way of present petition, the petitioner herein is
aggrieved by the order dated 30.12.2020 passed by the
Consumer Grievances Redressal Forum, Dakshin Gujarat
Vij Company Ltd., Surat in Case No. 87/2020-21 directing
the petitioner to process the application of load reduction
of the respondent No.1, grant the same and inform the
respondent No.1 as well as Forum within 30 days.
2. Aggrieved by the aforesaid, the petitioner has
preferred this petition for the following reliefs:
"(A) To allow this Petition;
(B) To issue a writ of mandamus or a writ in the nature of
mandamus or a writ of certiorari or a writ in the nature of
certiorari or any other appropriate writ, order or direction
C/SCA/13665/2021 ORDER DATED: 20/03/2023
quashing and setting aside the judgment and order dated
30.12.2020 passed by the Consumer Grievances Redressal
Forum, Dakshin Gujarat Vij Company Ltd., Surat in Case No.
87/2020-21 directing the petitioner to process the application
of load reduction of the respondent No.1, grant the same and
inform the respondent No.1 as well as Forum within 30 days;
(C) To stay the execution, implementation and operation of
the judgment and order dated 30.12.2020 passed by the
Consumer Grievances Redressal Forum, Dakshin Gujarat Vij
Company Ltd., Surat in Case No. 87/2020-21 directing the
petitioner to process the application of load reduction of the
respondent No.1, grant the same and inform the respondent
No.1 as well as Forum within 30 days;
(D) To grant ad-interim relief in terms of Para-9(C);
(E) To award the cost of this petition.
(F) To grant such other and further relief as may be
deemed fit by this Hon'ble Court in the interest of justice."
3. Heard Ms. Lilyu Bhaya, learned advocate appearing
for the petitioner and Ms. Minoo Shah, learned advocate
appearing for the respondent No.1.
4. Ms. Minoo Shah, learned advocate appearing for the
respondent no.1 has filed an affidavit-in-reply which is
duly produced at Page-45. It is submitted in para-7 of the
said reply that respondent No.1 is in need of the existing
C/SCA/13665/2021 ORDER DATED: 20/03/2023
power demand and considering the present necessity and
requirement, the respondent is willing to continue with
the existing maximum demand of 6300 KVA without any
request of reduction in the load as per the original
application of the respondent to the petitioner dated
21.8.2020.
5. Considering the aforesaid, as referred to in the
affidavit-in-reply dated 20.1.2023 filed by the respondent
No.1 herein, the order dated 30.12.2020 passed by the
Consumer Grievances Redressal Forum, Dakshin Gujarat
Vij Company Ltd., Surat in Case No. 87/2020-21 is
quashed and set-aside.
6. The aforesaid order is passed with the consent of the
learned advocates for the respective parties.
7. While exercising extraordinary jurisdiction under
Article 226 of the Constitution of India, this Court deems
it fit to allow the present petition.
Accordingly, the present petition stands allowed.
(VAIBHAVI D. NANAVATI,J)
SAJ GEORGE
