Karnataka High Court
M/S Mct Cards And Technology Private ... vs Mangalore Electricity Supply Company ... on 5 February, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.9706 OF 2019(GM-KEB)
C/W
WRIT PETITION NO.52471 OF 2019(GM-KEB)
WRIT PETITION NO.9693 OF 2019(GM-KEB)
WRIT PETITION NO.9694 OF 2019(GM- KEB)
WRIT PETITION NO.9695 OF 2019(GM-KEB)
WRIT PETITION NO.9696 OF 2019(GM-KEB)
WRIT PETITION NO.9697 OF 2019(GM-KEB)
WRIT PETITION NO.9698 OF 2019(GM-KEB)
WRIT PETITION NO.30737 OF 2019(GM-KEB)
IN WRIT PETITION NO.9706 OF 2019
BETWEEN:
M/S. MCT CARDS & TECHNOLOGY PRIVATE LIMITED
PLOT NO.22 A, SHIVALLI INDUSTRIAL AREA,
MANIPAL, UDUPI - 576 104
THROUGH MR. SHASHANK AGGARWAL,
AUTHORIZED SIGNATORY
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
AND:
1 . MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
MESCOM BHAVANA
BEJAI, KAVOOR CROSS ROAD,
MANGALURU - 575 004
THROUGH ITS MANAGING DIRECTOR
2 . M/S CLEAN WIND POWER (MANVI) LTD.,
202, THRID FLOOR, OKHLA INDUSTRIAL AREA,
NEW DELHI - 110 020
THROUGH ITS MANAGING DIRECTOR
*Page no.1 is retyped and replaced Vide Chamber Order dated 19.02.2020
2
3 . KARNATAKA ELECTRICITY REGULATORY COMMISSION
NO.16, C-1, MILLERS TANK BED AREA,
VASANTH NAGAR, BENGALURU - 560 052
THROUGH THE SECRETARY.
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT,
2ND FLOOR, VIKASA SOUDHA,
DR.B.R.AMBEDKAR STREET,
BENGALURU - 560 001
THROUGH THE ADDITIONAL CHIEF SECRETARY.
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
LEVY OF CSS VIDE THE IMPUGNED OFFICIAL MEMORANDUM
DATED 08.02.2019 ISSUED BY THE R-1 IS MANIFESTLY
ARBITRARY AND WITHOUT ANY AUTHORITY OF LAW;
(ANNEXURE-A) IN RESPECT OF INDUAL CASE SL.NO.3.AND ETC.
IN WRIT PETITION NO.52471 OF 2019
BETWEEN:
M/S. TECHNO RINGS,
B-1, KSSIDC INDUSTRIAL ESTATE,
SAGAR ROAD, SHIMOGA,
KARNATAKA - 577 204,
REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
SRI. NAVEENA K.S.
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
3
AND:
1 . MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
MESCOM BHAVANA, BEJAI, KAVOOR CROSS ROAD,
MANGALURU - 575 004,
REPRESENTED BY ITS MANAGING DIRECTOR,
2 . M/S CLEAN WIND POWER (MANVI) LTD
202, THIRD FLOOR,
OKHLA INDUSTRIAL AREA,
NEW DELHI - 110 020
EPRESENTED BY ITS AUTHORIZED SIGNATORY,
3 . KARNATAKA ELECTRICITY REGULATORY COMMISSION
NO.16, C-1, MILLERS TANK BED AREA, VASANTH NAGAR,
BENGALURU - 560 052. REPRESENTED BY ITS SECRETARY
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT,
2ND FLOOR, VIKAS SOUDHA,
DR. B.R.AMBEDKAR STREET,
BENGALURU - 560 001
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
LEVY OF CSS VIDE THE IMPUGNED COMMUNICATION DATED
04.10.2019 AT ANNEXURE-A ISSUED BY R-1 IS MANIFESTLY
ARBITRARY AD WITHOUT ANY AUTHORITY OF LAW;
AND ETC.
IN WRIT PETITION NO.9693 OF 2019
BETWEEN:
M/S. RANE ENGINE VALVES PRIVATE LIMITED
KIADB INDUSTRIAL AREA,
HIREHALLI TUMKUR,
TUMKUR DISTRICT-572 168.
THROUGH MR. SHASHANK AGGARWAL,
4
AUTHORIZED SIGNATORY.
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
AND:
1 . BANGALORE ELECTRICITY
SUPPLY COMPANY LIMITED
2ND FLOOR, K.R.CIRCLE,
BENGALURU - 560 001.
THROUGH ITS MANAGING DIRECTOR.
2 . M/S. CLEAN WIND POWER (MANVI)LTD.,
202, THIRD FLOOR,
OKHLA INDUSTRIAL AREA,
NEW DELHI - 110 020
THROUGH ITS MANAGING DIRECTOR.
3 . KARNATAKA ELECTRICITY REGULATORY COMMISSION,
NO.16, C-1, MILLERS TANK BED AREA,
VASANTH NAGAR, BENGALURU-560 052
THROUGH THE SECRETARY.
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT,
2ND FLOOR, VIKASA SOUDHA,
DR. B.R AMBEDKAR STREET,
BENGALURU - 560 001
THROUGH THE ADDITIONAL CHIEF SECRETARY
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
IMPUGNED DEMAND NOTICE DATED 08.2.2019 ISSUED BY R-1
IS MANIFESTLY ARBITRARY AND HAVE BEEN ISSUED WITHOUT
ANY AUTHORITY OF LAW (ANNEXURE-A); AND ETC.
IN WRIT PETITION NO.9694 OF 2019
BETWEEN:
M/S. MANIPAL TECHNOLOGIES LIMITED
5
UDAYAVANI BUILDING, PRESS CORNER,
MANIPAL, KARNATAKA - 576 101
THORUGH MR. SHASHANK AGGARWAL,
AUTHORIZED SIGNATORY
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
AND:
1.MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
MESCOM BHAVANA,
BEJAI, KAVOR CROSS ROAD,
MANGLAURU - 575 004
THROUGH ITS MANAGING DIRECTOR.
2 . M/S CLEAN WIND POWER (MANVI) LTD
202, THIRD FLOOR, OKHLA INDUSTRIAL AREA,
NEW DELHI - 110 020
THROUGH MANAGING DIRECTOR.
3 . KARNATAKA ELECTRICITY REGULATORY COMMISSION,
NO.16, C-1, MILLERS TANK BED AREA,
VASANTH NAGAR, BENGALURU - 560 052
THROUGH THE SECRETARY
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT,
2ND FLOOR, VIKASA SOUDHA,
DR. B.R.AMBEDKAR STREET,
BENGALURU - 560 001
THROUGH THE ADDITIONAL CHIEF SECRETARY
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
LEVY OF CSS VIDE THE IMPUGNED OFFICIAL MEMORANDUM
DATED 08.02.2019 ISSUED BY R-1 IS MANIFESTLY ARBITRARY
AND WITHOUT ANY AUTHORITY OF LAW (ANNEXURE-A) IN
RESPECT OF SL.NO.7; AND ETC.
6
IN WRIT PETITION NO.9695 OF 2019
BETWEEN:
M/S. KLENEPAKS LIMITED
PB NO.7611, 7TH MILE,
AREKERE GATE, BANNERGHATTA ROAD,
BENGALURU - 560 076
THROUGH MR. SHASHANK AGGARWAL,
AUTHORIZED SIGNATORY
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
AND:
1 . CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY LIMITED
CORPORATION LIMITED.,
COMMERCIAL SECTION NO.29
VIJAYANAGARA 2ND STAGE,
HINKAL, MYSORE-570017
THROUGH ITS MANAGING DIRECTOR
2 . M/S CLEAN WIND POWER (MANVI) LTD
202, THIRD FLOOR, OKHLA INDUSTRIAL AREA,
NEW DELHI -110 020,
THROUGH ITS MANAGING DIRECTOR
3 . KARNATAKA ELECTRICITY REGULATORY COMMISSION
NO.16, C-1, MILLERS TANK BED AREA,
VASANTH NAGAR, BENGALURU - 560 052
THROUGH ITS SECRETARY
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT,
2ND FLOOR, VIKASA SOUDHA,
DR. B.R. AMBEDKAR STREET,
BENGALURU - 560 001.
THROUGH THE ADDITIONAL CHIEF SECRETARY
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
7
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
IMPUGNED DEMAND NOTICE DTD: 6.7.2018 ISSUED BY R-1 ARE
MANIFESTLY ARBITRARY AND HAVE BEEN ISSUED WITHOUT
ANY AUTHORITY OF LAW [ANNEXURE-A]; AND ETC.
IN WRIT PETITION NO.9696 OF 2019
BETWEEN:
M/S. DM SOUTH INDIA HOSPITALITY PRIVATE LIMITED
INDIRANAGAR EXTENSION,
NAZARABAD MOHALLA,
M.G.ROAD, MYSORE - 570 010
THROUGH MR. SHASHANK AGGARWAL
AUTHORIZED SIGNATORY.
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
AND:
1 . CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY
LIMITED
CORPORATION LIMITED
COMMERCIAL SECTION NO.29,
VIJAYANAGARA 2ND STAGE, HINKAL,
MYSORE - 570 017
THROUGH ITS MANAGING DIRECTOR.
2 . M/S CLEAN WIND POWER (MANVI) LTD.,
202, THRID FLOOR, OKHLA INDUSTRIAL AREA,
NEW DELHI - 110 020
THROUGH ITS MANAGING DIRECTOR
3 . KARNATAKA ELECTRICITY REGULATORY COMMISSION
NO.16, C-1, MILLERS TANK BED AREA,
VASANTH NAGAR, BENGALURU - 560 052
THROUGH THE SECRETARY.
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT
2ND FLOOR, VIKASA SOUDHA
DR. B.R.AMBEDKAR STREET,
BENGALURU - 560 001
THROUGH THE ADDITIONAL CHIEF SECRETARY
... RESPONDENTS
8
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
IMPUGNED DEMAND NOTICE DATED 06.07.2018 ISSUED BY R-1
IS MANIFESTLY ARBITRARY AND HAVE BEEN ISSUED WITHOUT
ANY AUTHORITY OF LAW (ANNEXURE-A); AND ETC.
IN WRIT PETITION NO.9697 OF 2019
BETWEEN:
M/S RANE (MADRAS) LIMITED
MAITHRI 132, CATHEDRAL ROAD,
CHENNAI - 600 086.
THORUGH MR SHASHANK AGGARWAL
AUTHORIZED SIGNATORY
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
AND:
1 . CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY LIMITED
COMMERCIAL SECTION NO.29,
VIJAYANAGAR 2ND STAGE,
HINKAL, MYSORE-570017
THROUGH ITS MANAGING DIRECTOR
2 . M/S CLEAN WIND POWER (MANVI) LTD
202, THIRD FLOOR,
OKHLA INDUSTRIAL AREA
NEW DELHI - 110 020.
3 . KARNATAKA ELECTRICITY
REGULATORY COMMISSION
NO.16, C-1 MILLERS TANK BED AREA,
VASANTH NAGAR, BENGALURU-560052
THROUGH THE SECRETARY
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT,
2ND FLOOR, VIKASA SOUDHA,
DR. B.R. AMBEDKAR STREET,
9
BENGALURU - 560 001
THROUGH THE ADDITIONAL CHIEF SECRETARY
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
IMPUGNED DEMAND NOTICE DTD 6.7.2018 ISSUED BY THE R-1
ARE MANIFESTLY ARBITRARY AND HAVE BEEN ISSUED
WITHOUT ANY AUTHORITY OF LAW [ANNEXURE-A]; AND ETC.
IN WRIT PETITION NO.9698 OF 2019
BETWEEN:
M/S. TECHNO RINGS
B-1, KSSIDC INDUSTRIAL ESTATE,
SAGAR ROAD, SHIMOGA,
KARNATAKA-577 204
THROUGH MR. SHASHANK AGGARWAL,
AUTHORIZED SIGNATORY.
... PETITIONER
(BY MS. EKTA PRADHAN, ADVOCATE)
AND:
1 . MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
MESCOM BHAVANA,
BEJAI KAVOOR CROSS ROAD,
MANGALURU-575004
THROUGH MANAGING DIRECTOR
2 . M/S CLEAN WING POWER (MANVI)LTD
202, THIRD FLOOR,
OKHLA INDUSTRIAL AREA,
NEW DELHI - 110 020
THROUGH ITS MANAGING DIRECTOR
3 . KARNATAKA ELECTRICITY REGULATORY COMMISSION
NO.16, C-1, MILLERS TANK BED AREA,
VASANTH NAGAR, BENGALURU-560 052
THROUGH THE SECRETARY
10
4 . GOVERNMENT OF KARNATAKA
ENERGY DEPARTMENT,
2ND FLOOR, VIKASA SOUDHA,
DR. B.R AMBEDKAR STREET,
BENGALURU - 560 001
THROUGH THE ADDITIONAL CHIEF SECRETARY
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADVOCATE FOR R-1;
SRI. S.GURUPRASANNA, ADVOCATE FOR R-2;
SRI. B.N.PRAKASH, ADVOCATE FOR R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
IMPUGNED OFFICIAL MEMORANDUM DATED 08.02.2019
ISSUED BY THE R-1 IS MANIFESTLY ARBITRARY AND HAVE BEN
ISSUED WITHOUT ANY AUTHORITY OF LAW (ANNEXURE-A)
RESPECTIVELY SEPERATE CASE FILE SL.4; AND ETC.
IN WRIT PETITION NO.30737 OF 2019
BETWEEN:
M/S. RNS POWER LTD.,
NO.14, 7TH FLOOR,
NAVEEN COMPLEX,
M.G. ROAD,
BENGALURU - 560 001,
REPRESENTED BY ITS DIRECTOR,
SRI. NAVEEN SHETTY.
... PETITIONER
(BY SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
AND:
1 . STATE OF KARNATAKA
THROUGH THE ADDITIONAL CHIEF SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
THROUGH ITS MANAGING DIRECTOR,
KAVERI BHAVAN,
BENGALURU - 560 001.
11
3 . BANGALORE ELECTRICITY SUPPLY COMPANY LTD.,
2ND FLOOR, K.R. CIRCLE,
BENGALURU - 560 001,
THROUGH ITS MANAGING DIRECTOR.
4 . HUBLI ELECTRICITY SUPPLY COMPANY LTD.,
P.B. ROAD, NAVANAGAR,
HUBBALLI - 560 030,
REPRESENTED BY
ITS MANAGING DIRECTOR.
5 . THE GENERAL MANAGER (TECH)
HUBLI ELECTRICITY SUPPLY COMPANY LTD.,
P.B. ROAD, NAVANAGAR,
HUBBALLI - 580 030.
6 . M/S. NAVEEN HOTELS LTD.,
NAVEEN COMPLEX,
7TH FLOOR, 14 M.G. ROAD,
BANGALORE-560 001.
REPRESENTED BY
ITS MANAGING DIRECTOR.
7 . MURUDESHWAR CERAMICS LTD.,
604/B, MURUDESHWARA BHAVAN,
GOKUL ROAD, HUBLLI - 580 030.
REPRESENTED BY
ITS MANAGING DIRECTOR.
... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1;
SRI. S. SRIRANGA, ADVOCATE FOR R-2 TO 5;
MS. ANUPARNA BORDOLOI, ADVOCATE FOR R6-R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
AND QUASH THE IMPUGNED DEMAND NOTICE DATED
06.12.2018 (ANNEXURE-A) AND IMPUGNED ORDER DATED
29.06.2019 (ANNEXURE-B) PASSED BY R-5; AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT
MADE THE FOLLOWING:
12
ORDER
Both the sides have argued the matter for some time; learned Senior Panel Counsel appearing for the first respondent-MESCOM brings to the notice of Court that the lis in this writ petition is substantially being treated by the first respondent-KERC in O.P.120/2018 between M/S. CLEAN WIND POWER LTD. Vs. CSS & OTHERS, which is in terms of the order of the Appellate Tribunal for Electricity made in Appeal No.270/2006 between CHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED V. J.P.SABU.
2. The learned Panel Counsel submits that in view of the above, it is open to the petitioners to seek audience before the respondent-KERC in the matter; he also brings to the notice that he had given an undertaking in the writ petitions not to enforce the impugned demand and submits that it shall continue till after the matter is heard and decided by the respondent-KERC; the stand of the respondents is fair & reasonable.
In the above circumstances, these writ petitions are disposed off with liberty reserved to the petitioners to participate in the hearing before the respondent-KERC in the 13 subject case i.e., O.P.No.120/2018; the respondent-KERC shall afford an opportunity of hearing to all the petitioners in the said matter.
Petitioners are permitted to file the petition or representation along with relevant material before the respondent-KERC, within four weeks.
It is needless to mention that subject to and till after O.P.No.120/2018 is decided and 45 days lapse after such decision, the impugned demand shall not be given effect to as against the petitioners.
All contentions of the parties are kept open. No costs.
Sd/-
JUDGE DS