M/S Pearl Regency vs Jhrkhand Urja Vikas Nigam Limited ...
2022 Latest Caselaw 1672 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Writ Jurisdiction)
                   WP(C) No. 1175 of 2015

M/s Pearl Regency, a partnership firm        ...                  ...           Petitioner
                                 Versus
Jhrkhand Urja Vikas Nigam Limited and others ...                  ...        Respondents

 CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
              HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : Mr. N.K.Pasari, Advocate For the JUVNL : None

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th Order No. 14/Dated: 26 April, 2022 Mr. N.K.Pasari, the learned counsel for the petitioner states that now the issue involved in the present writ petition has been authoritatively decided by a judgment of the Hon'ble Supreme Court in "West Bengal State Electricity Distribution Company Limited and others v. Orion Metal Private Limited and another" (2020) 18 SCC 588.

2. No one appears for Jharkhand Urja Vikas Nigam Limited.

3. Mr. Mrinal Kanti Roy, the learned senior standing counsel for Jharkhand Urja Vikas Nigam Limited who is present in the Court in connection to LPA No. 177 of 2015 is directed to appear in this matter.

4. By an order dated 1st April 2015 passed by one of us (Shree Chandrashekhar, J.) the following issue was referred for a decision by the Hon'ble Division Bench of this Court:

"Whether a consumer, even before conclusion of the criminal case, can approach the Special Court for challenging the demand raised under Section 135 (1-A) of the 2003 Act or not ? "

5. Since the issue was referred by one of us (Shree Chandrashekhar, J.), we are of the opinion that this writ petition should be heard by another Hon'ble Division Bench.

6. Accordingly, Registry of this Court is directed to place records of the case before Hon'ble the Chief Justice, High Court of Jharkhand, Ranchi for obtaining necessary orders for posting of this writ petition before another Bench.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Nibha/Madhav