Dakshin Gujarat Vij Co Ltd Dgvcl & 2 vs Bayer Vapi Private Limited (Bvpl) & 2 on 16 September, 2014

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Gujarat High Court

Dakshin Gujarat Vij Co Ltd Dgvcl & 2 vs Bayer Vapi Private Limited (Bvpl) & 2 on 16 September, 2014

Bench: Rajesh H.Shukla

         C/CA/10386/2014                            ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            CIVIL APPLICATION  NO. 10386 of 2014
                     (FOR JOINING PARTY)
                              In
        SPECIAL CIVIL APPLICATION NO.  7117 of 2014

=======================================================
 DAKSHIN GUJARAT VIJ CO LTD  DGVCL & 2....Applicant(s)
                         Versus
 BAYER VAPI PRIVATE LIMITED (BVPL) & 2....Respondent(s)
=======================================================
Appearance:
MR PREMAL R JOSHI for the Applicant(s) No. 1  3
MR ANAL S SHAH for the Respondent(s) No. 3
MR NV GANDHI for the Respondent(s) No. 1  2
=======================================================

        CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
 
                           Date : 16/09/2014
                              ORAL ORDER

Rule. Learned advocate, Shri N.V. Gandhi for the respondent nos.1 and 2 and learned advocate, Shri Anal Shah for the respondent no.3 waive service of notice of rule.

The present civil application is filed by the applicantsoriginal respondent nos.1 to 3 for the prayers inter alia that appropriate direction may be issued to the Gujarat Electricity Regulatory Commission not to pass any final order in Petition No.1407 of 2014 and other allied matters.

Heard learned Advocate General & learned Sr. Counsel, Shri Kamal Trivedi appearing with learned advocate, Premal Joshi for the applicants, learned advocate, Shri Sunit Shah appearing with learned advocate, Shri N.V. Gandhi for the respondent nos.1 and 2 and learned advocate, Shri Anal Shah for the respondent no.3.

Page 1 of 3 C/CA/10386/2014 ORDER

During the course of hearing, it was suggested by learned Advocate General & learned Sr. Counsel, Shri Kamal Trivedi that atleast Gujarat Electricity Regulatory Commission may hear the original respondent nos.1 to 3 namely the respondent no.1Dakshin Gujarat Vij Company Ltd., respondent no.2Gujarat Energy Transmission Corporation Ltd. and respondent no.3State Load Dispatch Center and they may be permitted to make an application along with material including the material like the report of the Central Electricity Authority dated 20.08.2014, which would be relevant for the purpose of considering and deciding the issue involved in the matter regarding the open access and other related matters or the technical aspect.

Learned advocate, Shri Sunit Shah appearing for the original petitioners has fairly stated that he has no objection if such a direction is given to the Gujarat Electricity Regulatory Commission to hear all concerned after considering relevant material.

Learned advocate, Shri Anal Shah appearing for the Gujarat Electricity Regulatory Commission has stated with reservation that appropriate order may be passed and they will hear all the parties and consider the material.

In view of this, it is desirable and in the interest of justice that let the original petitioners as well as original respondent nos.1 to 3 as stated above and also all concerned parties be heard after placing relevant material, which they may desire to place on record including the report of the Central Electricity Authority dated 20.08.2014. It goes without saying that such an application shall be made by the Page 2 of 3 C/CA/10386/2014 ORDER applicants hereinoriginal respondent nos.1 to 3 to the opponent no.3 herein, who is original respondent no.4 Gujarat Electricity Regulatory Commission in main matter being Special Civil Application No.7117/2014 within a week. The application made by the original respondent nos.1 to 3 shall be fixed for hearing of all concerned by the original respondent no.4 and shall be decided thereafter within a period of four weeks after considering the material that may be placed on record for consideration including the report of the Central Electricity Authority dated 20.08.2014. It is clarified that the authority may consider and decide the same in accordance with law on its own merits.

Learned Assistant Solicitor General, Shri Devang Vyas, who is present, has stated that Union of India is not joined as party respondent and, therefore, he may not be able to assist the court.

Learned advocate, Shri Sunit Shah, however, has some reservation and stated that it may be a different issue.

On such statement of learned advocate, Shri Sunit Shah, the issue with regard to joining of party is not touched.

With the aforesaid observation and direction, the present civil application stands allowed accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.

Sd/ (RAJESH H.SHUKLA, J.) Gautam Page 3 of 3

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