Omega Renk Bearings Pvt Ltd. vs Madhya Pradesh Madhya Kshetra ...
2023 Latest Caselaw 2280 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       WP No. 3266 of 2023
                              (OMEGA RENK BEARINGS PVT LTD. Vs MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN
                                                        COMPANY LTD AND OTHERS)

                           Dated : 08-02-2023
                                   Shri Brian D'silva, learned senior counsel with Shri S.S. Oberoi,

                           counsel for Respondent.

Learned senior counsel appearing for petitioner submitted that respondent is imposing surcharge on captive generation and open access. It is submitted that under proviso 42 (4) and under Sub-section 42(4), no surcharge

can be imposed. Reliance is placed on judgment passed by the apex Court, reported in (2022) 2 SCC 742 Maharashtra State Electricity Distribution Company Limited Vs. JSW Steel Limited and Others.

The apex Court has held that additional surcharge on billing charges under Section 42 (4), cannot be imposed. It is submitted that the Electricity Consumer Forum has already considered the issue between petitioner and respondent and has passed an order in his favour. Reliance is placed on order dated 24.09.2018. It is submitted that despite orders passed by the Electricity Grievance Redressal Forum, respondents are continuing to impose the said

charges.

Notice be issued to respondents on payment of process fees within 7 days.

It is ordered that surcharge on generation of captive power and open access may not be imposed by respondents on current bills against petitioner till next date of hearing.

Signature Not Verified (VISHAL DHAGAT) Signed by: KRISHNA SINGH Signing time: 2/9/2023 12:36:50 PM

JUDGE veni

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 2/9/2023 12:36:50 PM