Madhya Pradesh High Court
Hindustan Copper Limited Malanjkhand ... vs Madhya Pradesh Poorva Kshetra Vidyut ... on 29 July, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 WP-13113-2014
The High Court Of Madhya Pradesh
WP-13113-2014
(HINDUSTAN COPPER LIMITED MALANJKHAND COPPER PROJECT Vs MADHYA PRADESH POORVA
KSHETRA VIDYUT VITRAN CO.LTD. AND OTHERS)
2
Jabalpur, Dated : 29-07-2021
Heard through Video Conferencing.
Mr. R.K. Sanghi along with Mr. S.M. Guru, learned counsel for the
petitioner.
Mr. Rakesh Kumar Tiwari, learned counsel for the caveator.
Learned counsel for the respondent/ caveator raised an objection
regarding maintainability of the petition before this Court. It is submitted by him that there is an alternative remedy of filing appeal before the appellate authority.
Learned counsel for the petitioner submits that in identical matter i.e. W.P.No.3323/2013 pending before this Court , the same question is involved regarding interpretation of law in respect of Electricity Supply Code, 2004. T h e only difference is that this petition has been filed without availing alternative remedy of appeal. He submitted that in identical matter i.e. W.P.No.3323/2013, this Court has passed an order dated 15.03.2013 by which subject to petitioner's depositing 50% of the amount, stay was granted.
Heard the learned counsel for the petitioner as well as respondent. Considering the issue involved in both the identical petitions, it is ordered that subject to petitioner's depositing 50% of Rs.3,72,79,650/- the operation of the impugned order dated 9.8.2013 (Annexure P/6) shall remain stayed.
The issue of alternative remedy shall remain open on the next date of hearing.
2 WP-13113-2014 List the case for final hearing at motion hearing stage in the next week. C.C. As per rules.
(VISHAL DHAGAT) JUDGE Vikram VIKRAM SINGH 2021.07.29 17:45:39 +05'30'