Madhya Pradesh High Court
Jai Prakash Associates Ltd. vs The State Of Madhya Pradesh on 15 June, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 15 th OF JUNE, 2023
MISC. APPEAL No. 1169 of 2002
BETWEEN:-
M/S DIAMOND CEMENTS (A UNIT OF MYSORE
CEMENTS LTD.) NARSINGHGARH - 470 675, DISTRICT
DAMOH (MADHYA PRADESH)
.....APPELLANT
(BY SHRI ANKIT SAHU - ADVOCATE)
AND
1. MADHYA PRADESH ELELCTRICITY REGULATORY
COMMISSION, BHOPAL, THROUGH SECRETARY,
M.P. ELECTRICITY REGULATORY COMMISSION,
URJA BHAWAN, SHIVAJINAGAR, BHOPAL
(MADHYA PRADESH)
2. MADHYA PRADESH POORVA KSHETRA VIDYUT
VITRAN COMPANY LTD, THROUGH ITS
MANAGING DIRECTOR, JABALPUR DISTRICT
JABALPUR, M.P. (MADHYA PRADESH)
3. THE STATE OF MADHYA PRADESH, THROUGH
THE PRINCIPAL SECRETARY, DEPARTMENT OF
ENERGY, MANTRALAYA, VALLABH BHAWAN
BHOPAL (M.P.) (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI R.S. JAISWAL - SENIOR ADVOCATE ASSISTED BY SHRI K.K.
GAUTAM - ADVOCATE FOR THE RESPONDENT NO.1, SHRI AMALPUSHP
SHROTI - ADVOCATE FOR THE RESPONDENT NO.2 AND SHRI MANAS
MANI VERMA - GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.3)
MISC. APPEAL No. 1562 of 2002
Signature Not Verified
SAN BETWEEN:-
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.06.16 09:59:30 IST
M/S INDORE COMPOSITE PVT LTD. (A COMPANY DULY
INCORPORATED AND REGISTERED UNDER THE
2
PROVISIONS OF THE COMPANIES ACT, 1956), HAVING
ITS REGISTERED OFFICE AT 4TH FLOOR, SETHNA, 55,
MAHARSHI KARVE ROAD, MARINE LINES, MUMBAI
AND FACTORY AT S-4/2, SECTOR-1 PITHAMPUR,
DISTRICT DHAR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI JUBIN PRASAD - ADVOCATE AND SHRI RAMESH SABOO -
ADVOCATE)
AND
1. MADHYA PRADESH POORVA KSHETRA VIDYUT
VITRAN COMPANY LTD. THROUGH ITS CHIEF
MANAGING DIRECTOR, JABALPUR (MADHYA
PRADESH)
2. M.P. ELECTRICITY REGULATORY COMMISSION
THROUGH ITS MEMBERS URJA BHAWAN
SHIVAJI NAGAR, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AMALPUSHP SHROTI - ADVOCATE FOR THE RESPONDENT NO.1
AND SHRI R.S. JAISWAL - SENIOR ADVOCATE ASSISTED BY SHRI K.K.
GAUTAM - ADVOCATE FOR THE RESPONDENT NO.2)
MISC. APPEAL No. 1882 of 2002
BETWEEN:-
M/S GRASIM INDUSTRIES LTD. (TEXTITLE DIVISION),
BRILAGRAM, GWALIOR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI JUBIN PRASAD - ADVOCATE AND SHRI RAMESH SABOO -
ADVOCATE)
AND
1. M.P. STATE REGULATORY COMMISSION, URJA
BHAWAN, VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. M.P. POORVA KSHTRA VIDYUT VITRAN
COMPANY, THROUGH ITS C.M.D. JABALPUR
Signature Not Verified
(MADHYA PRADESH)
SAN
Digitally signed by ASHWANI PRAJAPATI
3. THE SUPERINTENDING ENGINEER, CITY CIRCLE,
Date: 2023.06.16 09:59:30 IST
MADHYA PRADESH STATE ELECTRICITY BOARD,
GWALIOR (MADHYA PRADESH)
3
4. THE REGIONAL ACCOUNTS OFFICERS MADHYA
PRADESH STATE ELECTRICITY BOARD,
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
( S H R I R.S. JAISWAL - SENIOR ADVOCATE ASSISTED BY SHRI K.K.
GAUTAM - ADVOCATE FOR THE RESPONDENT NO.1 AND SHRI
AMALPUSHP SHROTI - ADVOCATE FOR THE RESPONDENT NO.2 )
MISC. APPEAL No. 1938 of 2002
BETWEEN:-
M/S INDO RAMA EXPORTS LIMITED (A DIVISION OF
INDO RAMA SYNTHETICS LIMITED), HAVING ITS
REGISTERED OFFICE AT 51-A, SECTOR - III,
INDUSTRIAL AREA, PITHAMPUR, DISTRICT DHAR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI JUBIN PRASAD - ADVOCATE AND SHRI RAMESH SABOO -
ADVOCATE)
AND
1. M.P. ELECTRICITY REGULATORY COMMISSION,
THROUGH THE CHAIRMAN, SHRI P.K.
MEHROTRA URJA BHAWAN, SHIVAJI NAGAR,
BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH, THROUGH
THE PRINCIPAL SECRETRY, GOVERNMENT OF
MADHYA PRADESH, DEPARTMENT OF ENERGY,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3. M.P. POORVA KSHTRA VIDYUT VITRAN
COMPANY, THROUGH ITS C.M.D. JABALPUR
(MADHYA PRADESH)
4. THE SUPERINTENDING, MPSEB, INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(S H R I R.S. JAISWAL - SENIOR ADVOCATE ASSISTED BY SHRI K.K.
Signature Not Verified
SAN
GAUTAM - ADVOCATE FOR THE RESPONDENT NO.1, SHRI MANAS MANI
VERMA - GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2-
Digitally signed by ASHWANI PRAJAPATI
STATE, AND SHRI AMALPUSHP SHROTI - ADVOCATE FOR THE
Date: 2023.06.16 09:59:30 IST
RESPONDENT NO.3 )
4
MISC. APPEAL No. 437 of 2003
BETWEEN:-
M/S STI (INDIA ) LTD, PLOT NO.1, SONVAY INDUSTRIAL
AREA, RAO- PITHAMPUR LINK ROAD, INDORE
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI JUBIN PRASAD - ADVOCATE AND SHRI RAMESH SABOO -
ADVOCATE)
AND
1. M.P. ELECTRICITY REGULATORY COMMISSION,
THROUGH THE CHAIRMAN, SHRI P.K.
MEHROTRA URJA BHAWAN, SHIVAJI NAGAR,
BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH, THROUGH
THE PRINCIPAL SECRETARY, GOVERNMENT OF
MADHYA PRADESH, DEPARTMENT OF ENERGY,
VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
PRADESH)
3. M.P. POORVA KSHTRA VIDYUT VITRAN
COMPANY, THROUGH ITS C.M.D. JABALPUR
(MADHYA PRADESH)
4. SUPERINTENDING ENGINEER M.P.S.E.B. INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI R.S. JAISWAL - SENIOR ADVOCATE ASSISTED BY SHRI K.K.
GAUTAM - ADVOCATE FOR THE RESPONDENT NO.1, SHRI MANAS MANI
VERMA - GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2-
STATE, AND SHRI AMALPUSHP SHROTI - ADVOCATE FOR THE
RESPONDENT NO.3 )
WRIT PETITION No. 976 of 2005
BETWEEN:-
JAI PRAKASH ASSOCIATES LTD. S/O FORMERLY
JAYPEE CEMENT LTD COMPANY REGISTERED UNDER
Signature Not Verified
SAN
INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT
5. PARK ROAD, LUCKNOW AND CEMENT
Digitally signed by ASHWANI PRAJAPATI
MANUFACTURING UNIT AT JP BELA PLANT (MADHYA
Date: 2023.06.16 09:59:30 IST
PRADESH)
5
.....PETITIONER
(BY SHRI SHREYAS PANDIT - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY, DEPARTMENT OF ENERGY
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. MADHYA PRADESH PKVVCL, THROUGH ITS
MANAGING DIRECTOR, DISTRICT JABALPUR
(MADHYA PRADESH)
3. THE SENIOR ACCOUNTS OFFICER MP STATE
ELECTRICITY BOARD DISTRICT-REWA(M.P.)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NO.1 - STATE AND SHRI AMALPUSHP SHROTI -
ADVOCATE FOR THE RESPONDENT NO.2)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
Shri R.S. Jaiswal, learned Senior counsel assisted by Shri K.K. Gautam, admits that aforementioned cases are squarely covered by the order of this Court dated 21.12.2022 passed in M.A.No.1419/2002 and M.A.No.216/2003.
Accordingly, these appeals and writ petition mentioned above are allowed and disposed of in the same terms and it is held that the said order dated 21.12.2022 passed in M.A.No.1419/2002 and M.A.No.216/2003, shall apply mutatus mutandis to the facts and circumstances of the present case.
Signature Not Verified(VIVEK AGARWAL) SAN JUDGE A.Praj.
Digitally signed by ASHWANI PRAJAPATI Date: 2023.06.16 09:59:30 IST