Rajasthan High Court - Jaipur
Rays Power Experts Private Limited vs Rajasthan Electricity Regulatory ... on 10 September, 2024
Bench: Manindra Mohan Shrivastava, Ashutosh Kumar
[2024:RJ-JP:38438-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 17735/2019
Blow Packaging (India) Private Limited, A Company, Having Its
Registered Office Located At 55-D, Sidco Industrial Estate,
Ambattur, Chennai-600 098 Through Its Authorized
Representative, Mr. Dinesh Gupta.
----Petitioner
Versus
1. Rajasthan Electricity Regulatory Commission, Having Its
Office At Vidyut Vinayak Bhawan, Sahakar Marg, New
State Motor Garage, Jaipur, Rajasthan 302001 Through
Chairman.
2. Rajasthan Urja Vikas Nigam Limited, Through Its
Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar,
Jaipur-302005.
3. Jodhpur Discom Through Its Managing Director, Having
Its Registered Office Located At New Power House, Heavy
Industrial Area, Jodhpur-342003.
4. Rajasthan Renewable Energy Corporation, Through Its
Director Technical, E-166, Yudhisthir Marg, C-Scheme,
Jaipur (Rajasthan)- 302005.
5. Rajasthan Rajya Vidyut Prasaran Nigam Limited, Through
Its Chairman/managing Director, Vidhyut Nagar, Jyoti
Nagar, Jaipur.
----Respondents
Connected With D.B. Civil Writ Petition No. 17817/2019 Blow Packaging (India) Private Limited, A Company, Having Its Registered Office Located At 55-D, Sidco Industrial Estate, Ambattur, Chennai-600 098 Through Its Authorized Representative, Mr. Dinesh Gupta.
----Petitioner Versus
1. Rajasthan Electricity Regulatory Commission, Having Its Office At Vidyut Vinayak Bhawan, Sahakar Marg, New State Motor Garage, Jaipur, Rajasthan 302001 Through Chairman.
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2. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005.
3. Jodhpur Discom Through Its Managing Director, Having Its Registered Office Located At New Power House, Heavy Industrial Area, Jodhpur-342003.
4. Rajasthan Renewable Energy Corporation, Through Its Director Technical, E-166, Yudhisthir Marg, C-Scheme, Jaipur (Rajasthan)- 302005.
5. Rajasthan Rajya Vidyut Prasaran Nigam Limited, Through Its Chairman/managing Director, Vidhyut Nagar, Jyoti Nagar, Jaipur.
----Respondents D.B. Civil Writ Petition No. 17820/2019 Rays Power Experts Private Limited, A Company, Having Its Registered Office Located At 29, Co-Operative Colony, Ajmer Road, Sodala, Jaipur-302006 Through Its Authorized Representative, Mr. Dinesh Gupta.
----Petitioner Versus
1. Rajasthan Electricity Regulatory Commission, Having Its Office At Vidyut Vinayak Bhawan, Sahakar Marg, New State Motor Garage, Jaipur, Rajasthan 302001 Through Chairman.
2. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005.
3. Jodhpur Discom Through Its Managing Director, Having Its Registered Office Located At New Power House, Heavy Industrial Area, Jodhpur-342003.
4. Rajasthan Renewable Energy Corporation, Through Its Director Technical, E-166, Yudhisthir Marg, C-Scheme, Jaipur (Rajasthan)- 302005.
5. Rajasthan Rajya Vidyut Prasaran Nigam Limited, Through Its Chairman/managing Director, Vidhyut Nagar, Jyoti Nagar, Jaipur.
----Respondents (Downloaded on 20/09/2024 at 11:08:20 PM) [2024:RJ-JP:38438-DB] (3 of 4) [CW-17735/2019] For Petitioner(s) : Mr. Ravi Chirania with Mr. Shahrukh Panwar For Respondent(s) : Mr. Bharat Vyas, AAG assisted by Mr. Jai Vardhan Joshi Mr. Arnav Singh on behalf of Mr. Sandeep Pathak Mr. Harish Chandra Sharma Ms. Susan Mathew HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 10/09/2024
1. Learned counsel for the petitioners submits that they may be permitted to withdraw these petitions on the similar terms as ordered by this Court on 31.05.2023 in D.B. Civil Writ Petition No.15139/2019-Rajasthan Patrika Pvt. Ltd. Vs. State of Rajasthan & Ors and other connected matters.
2. The Rajasthan Urja Vikas Nigam Ltd. would be free to approach the Commission for approval of their PPAs.
3. Learned counsel for the petitioners made a request that on approval of their PPAs by Commission, the necessary arrears, which have accrued against the respondent DISCOM, Rajasthan Urja Vikas Nigam Limited/State may also be paid in a time bound manner.
4. Learned AG, on instructions, submitted that after approval of PPAs, the arrears would be calculated as per the rates mentioned in the compromise, arrears, if any, in favour of the petitioners, would be released within an outer limit of 90 days and as such he submits that at least three months time may be granted to clear the arrears.
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5. The respondent-State and Urja Vikas Nigam Limited will take appropriate steps of paying arrears to the petitioners within an outer limit of 90 days on account of approval of their PPAs.
6. This Court also directs that RERC will exercise its Powers under Sections 86 read with 62 of the Electricity Act, 2003 for approval of PPAs within 30 days of the application being filed by the Rajasthan Urja Vikas Nigam Limited.
7. Accordingly, these petitions are permitted to be withdrawn with the aforesaid directions.
8. A copy of this order be placed in each connected file.
(ASHUTOSH KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),CJ RAJAT/RAHUL/86, 88 & 90 (Downloaded on 20/09/2024 at 11:08:20 PM) Powered by TCPDF (www.tcpdf.org)