Delhi High Court - Orders
Apex Chamber Of Commerce And Industry Of ... vs Union Of India & Ors on 28 November, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4997/2020 & CM APPL. 17988/2020
APEX CHAMBER OF COMMERCE AND INDUSTRY OF NCT
DELHI ..... Petitioner
Through: Mr. Sanjay Kumar Dubey, Sr.
Advocate with Ms. U. Ahmed,
Advocate. (M:7736338695)
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Ajay Digpaul, CGSC with Mr.
Kamal Digpaul and Ms. Swati K.,
Advocates for UOI. (M:9811157265)
Mr. Santosh Kumar Tripathi, SC
(Civil), Mr. Arun Pawar, Mr. Tapesh
Raghav & Ms. Mehak R., Advocates
for GNCTD. (M:7827545811)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 28.11.2022
1. This hearing has been done through hybrid mode.
2. The Petitioner is an association of MSME industries consisting of more than 500 individual units and claims to represent 80% of employers in the industries/establishments within GNCTD, Delhi. In the present petition, the Petitioner seeks waiver of fixed charges and surcharges payable on electricity dues of the small Petitioner-industries, part of the MSME industries, due to closure of their manufacturing and service units during the COVID-19 pandemic lockdown.
3. Vide order dated 8th February, 2021, counter affidavit on behalf of a Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:30.11.2022 20:12:50 Joint Secretary level officer at the Ministry of Finance/Company Affairs or the Ministry of Home Affairs was called for in this matter. Pursuant to the said order, the Union of India has filed its counter affidavit dated 23rd February, 2021, stating that in terms of its policy to ensure rebate for consumers during the COVID-19 pandemic, the special rebate has been extended to all states including GNCTD. The affidavit of the Union of India sworn by Mr. Ram Chandra, Chief Engineer, Central Electricity Authority, Ministry of Power, Government of India, has referred to letters written by the GNCTD in this respect. The relevant portion of the affidavit reads as under:
"8. On 15.02.2021, Govt. of NCT of Delhi was requested to furnish a detailed statement alongwith timeline indicating how the Stage Govt. shall be actually passing on the benefits of this special rebate to the end consumers. Annexure R-8.
9. Govt. of NCT of Delhi vide communication dated 17.2.2021 has intimated that they have informed Ministry of Power on 14.07.2020 that Special Rebate shall be considered by Delhi Electricity Regulatory Commission (DERC) in Power Purchase cost for FY 2020-21 and accordingly, relief will be provided to the end consumers. Annexure R-9.
10. DERC Communication dated 16.02.2021 states that the Commission has issued Tariff Order dated 28.8.2020 wherein the Commission has adjusted the Special Rebate of Rs. 197.91 crores in the Transmission and Power Purchase Cost of various DISCOMS. Annexure R-10"
4. In view of the above, the affidavit of the GNCTD would be necessary in this matter. However, no affidavit has been filed till date, despite the affidavit of the Union of India having been filed in February, 2021.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:30.11.2022 20:12:505. Last and final opportunity is granted to the GNCTD to file the counter affidavit. The affidavit shall keep in mind the stand taken in the affidavit filed by the Union of India as extracted above.
6. Let the counter affidavit be filed within six weeks. Rejoinder be filed within four weeks, thereafter.
7. List for hearing on 25th April, 2023.
PRATHIBA M. SINGH, J.
NOVEMBER 28, 2022 dj/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:30.11.2022 20:12:50