Calcutta High Court (Appellete Side)
Plasto Rubber Private Limited And ... vs The Appellate Authority Under Section ... on 14 December, 2022
D/L 48 to 51 December 14, 2022 MNS W.P.A 3075 of 2011 Plasto Rubber Private Limited and another Vs. The Appellate Authority under Section 127 of the Electricity Act, 2003 and others With W.P.A 13862 of 2010 CESC Limited and another Vs. The Appellate Authority, under Section 127 of the Electricity Act, 2003 and another With W.P.A 13863 of 2010 CESC Limited and another Vs. The Appellate Authority, under Section 127 of the Electricity Act, 2003 and another With W.P.A 3078 of 2011 Susanta Paul Vs. The Appellate Authority under Section 127 of the Electricity Act, 2003 and others Mr. Anindya Lahiri Ms. Pranati Das ...for the petitioners. Ms. Vaibhavi Pandey ...for the CESC Limited. Mr. Pratik Dhar Mr. Ritwik Pattanayak ...for the WBERC.
2Mr. Chaitali Bhattacharya, Mr. Kartick Chandra Kapas ...for the State in WPA 13863 of 2010.
Mr. Sumit Kumar Panja, Mr. Sumit Roy ...for the WBSEDCL in WPA 13862 of 2010 & WPA 13863 of 2010.
Since the vires of Sections 126 and 127 of the Electricity Act, 2003 (2003 Act) have been challenged, inter alia, in the present writ petitions, a further notice be served on the Union of India indicating the pendency of the matters in the list.
It is submitted by the learned Senior Advocate appearing for the West Bengal Electricity Regulatory Commission (WBERC) that the limited scope of impleading WBERC was a challenge which has spent its force, since the limited challenge to Regulation 6.3 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007 has become infructuous in view of the said provision having been repealed by virtue of the subsequent Regulations of 2013.
In such view of the matter, WBERC is expunged as a party to the writ petitions. 3
However, in so far as the challenge to the provisions of Sections 126 and 127 of the 2003 Act is concerned, the same will be heard in presence of the Union of India.
Inasmuch as the other challenge of the petitioners is concerned, as to whether the amount already deposited ought to be refunded in view of the appellate authority having set aside the impugned order and sent the matter on remand, as well as other points of challenge, those are kept open for being argued at the time of final hearing.
The matters shall next be listed for hearing on December 19, 2022.
(Sabyasachi Bhattacharyya, J.)