Madhya Pradesh High Court
Crm Services India Pvt. Ltd. Through ... vs Madhya Pradesh Paschim Kshetra Vidyut ... on 20 December, 2018
HIGH COURT OF MADHYA PRADESH :INDORE BENCH
W.P. No.29476/2018
(CRM Services India Pvt. Ltd. Vs. M.P. Paschim Kshetra Vidyut Vitran Co. Ltd. & Anr.)
Indore dated :20.12.2018
Shri R.S. Raghuvanshi, learned counsel for the
petitioner.
Shri Prasanna Prasad, who appeared on advance copy
along with Shri Upendra Singh, Additional Superintendent
Engineer of respondent / Company is present in person.
Heard.
The petitioner has filed the present petition challenging the order dated 15/12/2018, passed by the respondent no.1 on the ground that the said final Assessment Order has been passed without passing any provisional Assessment Order, which is contrary to the statutory provisions contained under Section 126 of the Electricity Act, 2003.
Learned counsel for the petitioner submits that before passing the final Assessment Order, no provisional order has been passed nor any opportunity of hearing was granted to the petitioner to file objections to the provisional Assessment order. By the impugned order, the respondents has imposed penalty of Rs.59,65,931/- on the petitioner. Therefore, the said order is liable to be set aside. He further relied on the judgment passed by the Apex Court in the case of Executive Engineer, Southern Electricity Supply Company of Orissa Limited (SOUTHCO) & Anr. Vs. Sri Seetaram Rice Mill, reported in [(2012) 2 SCC 108].
On the basis of the record, the Officer - Shri Upendra Singh, Additional Superintendent Engineer of respondent / Company, who is present in person has stated that the order HIGH COURT OF MADHYA PRADESH :INDORE BENCH W.P. No.29476/2018 (CRM Services India Pvt. Ltd. Vs. M.P. Paschim Kshetra Vidyut Vitran Co. Ltd. & Anr.) which is impugned in the said writ petition is a provisional Assessment Order and final Assessment Order is yet to be passed. He also undertakes that before passing the final Assessment Order, the procedure as contained in Section 126 of the Electricity Act, 2003 will be complied with and they will grant an opportunity of hearing to the petitioner before passing the final Assessment Order.
Thus, in view of the aforesaid undertaking given by the learned counsel for the respondents as well as the Officer, who is present in person, the present writ petition stands disposed of with a direction to the respondents that before passing the final Assessment Order, a due opportunity of hearing will be given to the petitioner and till the final order is passed, no coercive action shall be taken by the respondents.
(Ms. Vandana Kasrekar) Judge pn Preetha Nair 2018.12.22 14:51:47 +05'30'