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Gujarat High Court

Surya Roshni Limited vs Gujarat Electricity Regulatory ... on 7 January, 2020

Author: A.Y. Kogje

Bench: A.Y. Kogje

          C/SCA/16029/2019                                      ORDER




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO. 16029 of 2019

=============================================
                SURYA ROSHNI LIMITED
                        Versus
     GUJARAT ELECTRICITY REGULATORY COMMISSION
=============================================
Appearance:
RAVI B SHAH(5346) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
=============================================

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

                                Date : 07/01/2020

                                 ORAL ORDER

1. This petition is filed against the communication dated 27th February, 2019, wherein the petitioner has been relegated to seek remedy from CGRF of PGVCL.

2. Learned Advocate for the petitioner draws attention of this Court to the order of GERC in Petition No. 1206 of 2012 in case of M/s. K.P. Energy Pvt. Ltd. v/s. GETCO to submit that in the identical facts situated, GERC has exercised jurisdiction for extending period for installation of 7000 KVA power in the petitioner's company. Under instruction, the petitioner submitted that petitioner does not agitate at this stage, dispute regarding generating of minimum bill till installation and the claim in set of all the previous bills made by the petitioner for the minimum bills generated from Page 1 of 2 Downloaded on : Wed Jan 08 23:46:28 IST 2020 C/SCA/16029/2019 ORDER August, 2018 till date in the forthcoming bills.

3. In view of the aforesaid statement, it would be appropriate to relegate the petitioner back to GERC with regard to issue of extension of time for installation of 7000 KVA power, which prima facie appears to be within jurisdiction of GERC, considering the decision of GERC in case of M/s. K.P. Energy Pvt. Ltd. v/s. GETCO in Petition No. 1206 of 2012.

4. In view of the aforesaid, the petition stands disposed of.

(A.Y. KOGJE, J) PARESH SOMPURA Page 2 of 2 Downloaded on : Wed Jan 08 23:46:28 IST 2020