M/S.Patnaik Steels & Alloys Ltd vs Orissa Electricity Regulatory
2023 Latest Caselaw 6337 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           WP(C) NO.4848 OF 2016

        M/s.Patnaik Steels & Alloys Ltd.,      ....              Petitioner
        Bhubaneswar
                                                    Mr.D.P.Nanda, Sr.Adv.

                                    -versus-

        Orissa Electricity Regulatory          ....        Opposite Parties
        Commission & anr.
                                                    Mr.S.Satyakam, Adv.
                                                    for O.P.1


                  CORAM:
                  JUSTICE BISWANATH RATH
                  JUSTICE M.S.SAHOO

                                  ORDER

Order                             17.5.2023
No.
  7.    1.      Heard learned counsel for the Parties.

2. It is claimed that the orders passed by the Odisha Electricity Regulatory Commission (opposite party no.1) in subsequent proceedings initiated by the above company, has already covered the issues already raised herein and there is nothing more to be decided here.

3. Learned senior counsel for the Petitioner has referred to the following decisions :-

<(1) Order dated 29.09.2020 in Case No.606 of 2019 (M/s. Tata Steel Limited v. OREDA); (2) order dated 10.08.2021 in Case No.46 of 2021 (M/s. Visa Steel Limited v. OREDA and (3) order dated 17.05.2022 in Case No.85 of 2021 (M/s. SAIL, Rourkela Steel Plant v. OREDA) passed by the OERC-opposite party no.1.=

4. This Court on perusal of the order dated 10.08.2021, vide Case No.46 of 2021 in M/s. Visa Steel Limited v. OREDA finds,

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learned senior counsel for the Petitioner is justified in claiming that the issues herein already decided through the judgment and order of the OERC, Bhubaneswar.

5. Keeping this in view, this Court finds, there is nothing further to be adjudicated. Regarding such submission of the learned senior counsel for the Petitioner, this Court finds nothing more to be adjudicated herein except the parties will be abided by this judgment keeping in view the similar orders vide order dated 17.05.2022 in Case No. 85 of 2021 in respect of SAIL, Rourkela Steel Plant v. OREDA and order dated 29.09.2020 in Case No. 66 of 2019 in respect of M/s. Tata Steel Limited v. OREDA, passed by the OERC, Bhubaneswar (O.P. No.1).

6. In view of the admitted position in the subsequent decisions of the OERC in the above three cases, this Court finds the issue involve already adjudicated. There requires nothing more to be adjudicated in the present writ petition which is disposed of in terms of the decisions of the OERC taking note herein above.

(Biswanath Rath) Judge

(M.S.Sahoo) Judge M.K.Rout

Signature Not Verified Digitally Signed Signed by: MANOJ KUMAR ROUT Designation: Astt.Registrar-cum-Sr.Secretary Reason: Authentication Location: High Court of Orissa Date: 18-May-2023 18:24:34