M/S S D Bansal Iron Adn Steel ... vs The M.P. Madhya Kshetra Vidyut ...
2023 Latest Caselaw 14333 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 31 st OF AUGUST, 2023
                                            WRIT PETITION No. 8573 of 2021

                         BETWEEN:-
                         M/S S D BANSAL IRON ADN STEEL PRIVATE LTD. THR.
                         ITS AUTHORIZED SIGNATORY SUNIL BANSAL S/O LATE
                         K C BANSAL AGED 47 OFFICE AT III FLOOR TAWA
                         COMPLEX BITTAN MARKET ARERA COLONY BHOPAL
                         R/O E 2/88 ARERA COLONY BHOPAL MP (MADHYA
                         PRADESH)

                                                                                       .....PETITIONER
                         (BY SHRI A.K.BAIS - ADVOCATE)

                         AND
                         1.    THE M.P. MADHYA KSHETRA VIDYUT VITRAN
                               COM.LTD. THR. ITS MANAGING DIRECTOR BIJLI
                               NAGAR     COLONY      NISHTHA    PARISAR
                               GOVINDPURA BHOPAL MP (MADHYA PRADESH)

                         2.    THE STATE OF M.P. THR. ITS PRINCIPAL
                               SECRETARY GOVERNMENT OF M.P. ENERGY
                               DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
                               (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         (RESPONDENT NO.1 BY SHRI ABHISHEK ARJARIYA - ADVOCATE)

                               This petition coming on for admission this day, th e court passed the
                         following:
                                                            ORDER

Shri Abhishek Arjariya, Advocate for respondent No.1 submits that a case has been made against the petitioner under Section 126 of he Electricity Act, 2003 but there is a statutory remedy provided under Section 127 of the Electricity Act, 2003 and, therefore, the petitioner be relegated to avail such Signature Not Verified Signed by: AMIT JAIN Signing time:

8/31/2023 7:30:42 PM

remedy.

Shri A.K.Bais, Advocate for petitioner initially opposes the prayer and submits that some senior counsel is engaged and he has to argue this case but when later on agrees that there exits an alternative remedy and the petitioner is being relegated to avail the said remedy then he does not press his request any further.

Accordingly, without commenting anything on the merits of the case, this writ petition can be disposed of with a direction that if the petitioner avails the above said alternative statutory remedy within fifteen days from today then the same shall be considered and decided by the competent authority on its own

merits within thirty days therefrom condoning the period of delay, if any, through a speaking order under communication to the petitioner.

At this stage, learned counsel for the respondent No.1 places reliance on the judgment of the Apex Court in Executive Engineer Southern Electricity Supply Company of Orissa Limited (Southco) & Another versus Sri seetaram Rice Mill (2012) 2 SCC 18 wherein it is held that the High Court should normally decline to interfere in a final order of assessment passed by the assessing officer in terms of Section 126(3) of the Act of 2003 in exercise of its jurisdiction under Article 226 of the Constitution of India.

It is observed that since the petitioner has an alternative statutory remedy, therefore, the interim order granted by a Coordinate Bench of this Court is extended for a period of thirty days only.

In above terms, this petition is disposed of.

(VIVEK AGARWAL) JUDGE Signature Not Verified Signed by: AMIT JAIN Signing time:

8/31/2023 7:30:42 PM

amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

8/31/2023 7:30:42 PM