Madhya Pradesh High Court
Grasim Industries Limited vs Madhya Pradesh Electricity Board on 25 August, 2015
1
W.P. Nos.16806/11, 18343/2011, 835/2012, 1480/2012,
1485/2012, 4582/2012, 4766/2012, 5530/2012, 5707/2012,
6488/2012 & 4558/2014
25/08/2015
Shri Ajay Mishra, Senior Counsel, Shri Aditaya
Adhikari, Senior counsel with Shri Pratyush Tripathi,
Advocates for the petitioners.
Shri Rajas Pohankar, Advocate for the respondent
W.P.No.16806 of 2011:
As regards prayer clause 6(ii) of this petition, whether the provisions of section 9 and 86 of the Electricity Act, 2003 are unconstitutional or otherwise, has already been considered by the Supreme Court in the case of Hindustan Zinc Ltd. vs. Rajasthan Electricity Regulatory Commission. Hence, that prayer cannot be taken forward in this petition.
Counsel for the petitioner, however, relies on prayer clause 6(i) to contend that notwithstanding the decision of the Supreme Court, the petitioner is entitled to pursue that relief. However, the said relief as couched, would require the Court only to examine academic issue about the scope of provisions of Regulation 2010. For, the Petitioner has not challenged any action of the Authority, which would warrant us to consider the relief in prayer clause 6(i). In 2 that sense, the said relief prayed is in absence of any cause of action therefor.
Counsel for the petitioner submits that the petitioner may be given some time to examine this aspect and including to amend the writ petition to challenge the decision/action of the appropriate Authority treating the petitioner as obligated entity.
Two weeks' time, as prayed by counsel for the petitioner, is granted.
Counsel appearing for the petitioner in the remaining petitions; W.P. Nos.18343/2011, 835/2012, 1480/2012, 1485/2012, 4582/2012, 4766/2012, 5530/2012, 5707/2012, 6488/2012 & 4558/2014, submit that even the petitioners in those cases, may be directed to amend the petitions to challenge action/decision of the appropriate Authority, besides seeking relief on similar terms in those writ petitions also.
Amendment be carried out within two weeks.
List these matters on 16.9.2015.
(A.M. Khanwilkar) (Sanjay Yadav)
Chief Justice Judge
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