Optcl Ltd vs Tata Sponge Iron Ltd. And
2023 Latest Caselaw 10651 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            RVWPET No. 96 of 2017

OPTCL Ltd                            .....                                 Petitioner
                                            Mr. N.C. Panigrahi, Sr. Advocate along
                                                 with Mr. S.R. Panigrahi, Advocate
                                     Vs.
Tata Sponge Iron Ltd. and            .....                          Opposite Parties
another

              CORAM:
                 DR. JUSTICE B.R. SARANGI
                                             ORDER

02.09.2023

Order No. Misc. Case No. 82 of 2017 & RVWPET No. 96 of 2017

02. This matter is taken up through hybrid mode.

2. Heard Mr. N.C. Panigrahi, learned Senior Advocate for the petitioner.

3. This misc. case has been filed for condonation of delay of 1046 days in filing the review petition.

4. This Court is not inclined to condone such a huge delay in filing the review petition.

5. With regard to merit of RVWPET is concerned, Mr. N.C. Panigrahi, learned Senior Advocate appearing for the petitioner contended that the petitioner has filed this review petition seeking review of the judgment dated 09.02.2016 passed in W.P.(C) No. 2056 of 2009, more particularly the observation made in paragraph- 11 to the extent that if any surplus power is there, then the same can be transmitted through the dedicated transmission line to the Grid station for utilization of others and therefore, when surplus power is

being transmitted through the dedicated transmission line, no supervision charge should be demanded by the petitioner. Since the matter has already been heard and disposed of giving opportunity of hearing to all the parties, the contention made by learned Senior Advocate for the petitioner that the said observation is causing difficulty for the petitioner cannot be a ground for review of the judgment dated 09.02.2016 passed in W.P.(C) No. 2056 of 2009.

6. In view of the above, the misc. case as well as the RVWPET stands dismissed, on the ground of limitation as well as on merit also.

(DR. B.R. SARANGI) JUDGE

Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: Orissa High Court Date: 02-Sep-2023 15:21:44