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SCA/7444/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7444 of 2010
=========================================================
PARAS
SHIP BREAKERS LTD 202, PRUTHVI COMPLEX, KALA NAL - Petitioner(s)
Versus
PASCHIM
GUJARAT VIJ CO LTD (PGVCL) & 1 - Respondent(s)
=========================================================
Appearance
:
VIRAL
K SHAH for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MS LILU
K BHAYA for Respondent(s) : 1,
MR AL SHARMA AGP for Respondent(s)
: 2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/07/2010
ORAL
ORDER
Heard
learned senior advocate Mr. Tushar Mehta with learned advocate Mr.
VK Shah on behalf of petitioner, learned advocate Ms. LK Bhaya on
behalf of respondent no. 1 and learned AGP Mr. AL Sharma appearing
for respondent no. 2.
Learned
advocate Ms. Bhaya submitted that final assessment order has been
passed by respondent no. 1 on 14/5/2010. Therefore, learned senior
advocate Mr. Tushar Mehta submitted that petitioner will file appeal
before Appellate authority challenging final assessment order dated
14/5/2010.
Therefore,
only on that ground, present petition is disposed of with a view to
petitioner wants to avail alternative remedy to file appeal as
required under section 127 of Electricity Act, 2003. However, in
present petition page 48 annexure F, Appellate authority has passed
an order not to admit appeal at this juncture because it was
challenged provisional assessment order dated 27/11/2009, that order
has been passed by Appellate authority on 7/6/2010.
Learned
advocate Mr. Mehta submitted that this provisional assessment order
dated 27/11/2009 has been withdrawn by one Mr. J. M. Javiya,
Executive Engineer (O&M), PGVCL, Rural Division, Bhavnagar as
recorded by this Court in order dated 14/12/2009 in C.A. no.
13057/2009 in SCA no. 11009/2009.
(H.K.RATHOD,
J)
asma
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