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SCA/5116/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5116 of 2010
=========================================================
MIRLI
PIYAT SAHAKARI MANDLI LTD - Petitioner(s)
Versus
UTTAR
GUJARAT VIJ CO LTD & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DHARMESH V SHAH for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
MR PREMAL R JOSHI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 27/10/2010
ORAL
ORDER
Heard
learned advocate Mr. DV Shah on behalf of petitioner, learned
advocate Mr. PR Joshi appearing for respondent no. 1 and 2.
In
this matter, considering prayer made by petitioner in present
petition in para 10 (B)(C) and in light of affidavit in reply filed
by respondent at page 45, affidavit in rejoinder is filed by
petitioner page 66 and one additional affidavit is filed by
respondent page 89. Against that affidavit in rejoinder is also
filed by petitioner page 92.
Considering
additional affidavit filed by respondent page 90 para 3 which is
quoted as under:
3. I state
and submit that as per the record with the Company, arrears for
consumer No. 1345 (Unit No. I) is Rs. 90,09,022=43, arrears for
consumer No. 1345 (Unit II) is Rs. 3,62,917=25 and arrears for
consumer No. 1345 (Unit NO.III) is Rs. 3,14,216=15. The respondent
company has filed Petition No. 1023 of 2010 before the Gujarat
Electricity Regulatory Commission for determination of tariff to be
applied for the period between 21.7.2004 and 31/1/2009. The said
petition is relating to all the three units of the petitioner. I am
filling present additional affidavit for the limited purpose to
state that the petition No. 1023 of 2010, which is filed before
Gujarat Electricity Regulatory Commission is for all the three units
of the petitioner.
In
view of aforesaid averment made in additional affidavit filed by
respondent company, let petitioner may file necessary application
before Gujarat Electricity Regulatory Commission in respect to
grievance voiced in present petition and in respect to reduction of
load as demanded by petitioner from respondent by application dated
7/2/2005 and also consider prescribe formate placed on record at
page 29 and 31 within a period of fifteen days from date of
receiving copy of present order.
As
and when Gujarat Electricity Regulatory Commission receive such
application from petitioner, it is directed to Gujarat Electricity
Regulatory Commission to decide application made by petitioner along
with application made by respondent as per averment made in para 3
page 90 of Additional affidavit of respondent after giving
reasonable opportunity of hearing to both parties as early as
possible within a period of six months from date of receiving copy
of such application from petitioner.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits
or dispute between parties.
(H.K.RATHOD,
J)
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