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Manish Kumar vs Bses Yamuna Power Limited on 15 November, 2022

Author: Satish Chandra Sharma

Bench: Chief Justice, Subramonium Prasad

                          $~42
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    LPA 651/2022
                               MANISH KUMAR                          ..... Appellant
                                            Through: Ms. Amrita Chaudhary, Advocate.
                                            versus
                               BSES YAMUNA POWER LIMITED             ..... Respondent
                                                     Through:     Mr. Deepak Kumar Vijay, Advocate.
                                 CORAM:
                                 HON'BLE THE CHIEF JUSTICE
                                 HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                               ORDER

% 15.11.2022 CM APPL. 48786/2022 (Exemption) Allowed, subject to all just exceptions. LPA 651/2022 & CM APPL. 48785/2022

1. The instant LPA arises out of the Judgment dated 20.10.2022, passed by the learned Single Judge in W.P.(C) 13777/2022.

2. The undisputed facts of the case reveal that the a writ petition was preferred against the Order dated 17.06.2022 which was a Provisional Assessment Order passed under Section 126 of the Electricity Act, 2003. The matter was listed before the learned Single Judge on 20.10.2022.

3. On 20.10.2022, it was brought to the notice of the learned Single Judge that a Final Assessment Order dated 20.07.2022 under Section 126 of the Electricity Act, 2003 has been passed. Consequently, the learned Single Judge on 20.10.2022 passed the following Order:

"1. Mr. Shubham Shivansh, learned counsel for the respondent submits that the answering respondent has passed a Final Assessment Order dated 20.07.2022 under Section 126 of the Electricity Act, 2003, a copy of which has been handed over in Court and is taken Signature Not Verified Digitally Signed LPA 651/2022 Page 1 of 3 By:RAHUL SINGH Signing Date:18.11.2022 13:06:54 on record. It is submitted that since the said order is appealable in terms of Section 127 of the Electricity Act, 2003, the petitioner's remedy as such lies before the appellate authority.

2. Keeping in view the aforenoted submissions made on behalf of the respondent, the present petition is disposed of with liberty granted to the petitioner to seek appropriate remedy before the appellate authority. Pending application, if any, is disposed of as infructuous. .

3. Needless to state that, this Court has not gone into the merits of the contentions of either of the parties and the petitioner shall be at liberty to urge all such contentions before the appellate authority, which are left open."

4. The writ petition was disposed of by the learned Single Judge with liberty to prefer an appeal against the Final Assessment Order as the said Order is appealable in terms of Section 127 of the Electricity Act, 2003. Section 127 of the Electricity Act, 2003 reads as under:

"Section 127. (Appeal to Appellate Authority): --- (1) Any person aggrieved by the final order made under section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission, to an appellate authority as may be prescribed.

(2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to 3[half of the assessed amount] is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal.

(3) The appellate authority referred to in sub-

section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant.

(4) The order of the appellate authority referred to in sub-section (1) passed under sub-section (3) shall be final.

(5) No appeal shall lie to the appellate authority referred to in sub-section (1) against the final order made with the consent of the parties.

(6) When a person defaults in making payment of assessed amount, he, in addition to the assessed amount shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent, per annum compounded every six months."

5. In the considered opinion of this Court, the learned Single Judge was justified in disposing of the petition with liberty granted to the Appellant to prefer an appeal.

6. This Court does not find any reason to interfere with the Order passed by the learned Single Judge.

7. The LPA is dismissed, along with pending application(s), if any.

SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J NOVEMBER 15, 2022 S. Zakir Signature Not Verified Digitally Signed LPA 651/2022 Page 3 of 3 By:RAHUL SINGH Signing Date:18.11.2022 13:06:54