Bombay High Court
Maharashtra State Electricity ... vs D. P. Jain And Co. Infrastructure Pvt. ... on 27 February, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1 3.WP.315-23 & ORS..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 315 OF 2023
( Maharashtra State Electricity Distribution Company,
Vs.
D.P. Jain & Company Infrastructure Pvt. Ltd., & Anr. )
WITH
WRIT PETITION NO. 8550 OF 2022
( Maharashtra State Electricity Distribution Company,
Vs.
M/s. Vansh Enterprise & Anr. )
WITH
WRIT PETITION NO. 591 OF 2023
( Maharashtra State Electricity Distribution Company,
Vs.
M/s. P.K. Construction & Anr. )
WITH
WRIT PETITION NO. 1209 OF 2023
( Maharashtra State Electricity Distribution Company,
Vs.
M/s Sunny Infraprojects Private Limited & Anr. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. S.V. Purohit, Advocate for the Petitioner.
CORAM: AVINASH G. GHAROTE, J.
DATED : 27th FEBRUARY, 2023 Heard Mr. Purohit, learned counsel for the petitioner.
2. All these petitions challenge the order of the Consumer Grievance Redressal Forum (for short "CGRF"), whereby the tariff categorization of the 2 3.WP.315-23 & ORS..odt respondents has been changed from industrial to commercial on the ground that the production which is being made by the respondents is being utilized by themselves instead of selling the same to a third party, and therefore, the activity of manufacturer which is linked to self utilization of the manufactured products, has to be categorized as commercial. Prima-facie it appears that the tariff which is imposed is upon the activity to manufacture & the subsequent utilization of the goods ought not to be a basis for change of category. It is not disputed, that in case the manufacturer industry sells the goods manufactured to a third party, the categorization remains industrial. It is therefore axiomatic, that in case the goods are self utilized, the categorization ought not to be changed.
3. Mr. Purohit, learned counsel for the petitioner, seeks four weeks time on the ground that the issue has been referred to the Maharashtra Electricity Regulatory Commission (for short "MERC") by the learned Division Bench at the Principal Seat in Writ Petition No. 1009/2023 dated 24.01.2023, considering which, list the matter on 27.03.2023.
4. It is made clear, that the matters shall be finally heard on that date.
Signed By:SHRIKANT JUDGE DAMODHAR BHIMTE SD. Bhimte Signing Date:28.02.2023 19:11