Orders passed in petition
Court Proceeding of petition No. 05/2017(D)
||Commissions order for hearing
|| Shri Niket Khandelwal for petitioner. Ms. Gurpreet Kour Chawla, Advocate along with Shri Arvind Banerjee, E.E. for respondent.
2. The committee, constituted after last hearing, has not submitted it's report till today. The committee is directed to submit the report at the earliest.
3. We will fix the next date of hearing after submission of the report and copies of the report will be provided to the parties.
||Commission orders for hearing
|| Shri Raunak Jain, Advocate for petitioner. Ms. Gurpreet Kaur Chawla, Advocate along with Shri M.K. Khare, SE and Arvind Banerjee, E.E. for respondent.
2. The counsel of respondent requests that rejoinder filed by the petitioner is received on 27.06.2017 and therefore, they could not read the rejoinder and therefore, unable to put arguments today. The counsel further seeks time for filing of reply to the rejoinder. We do not agree with the contention of the counsel. Granting of time for reply to rejoinder is against the procedural law. However, we make it clear that the both parties may file written arguments after final hearing in this matter held.
3. The respondent submits that they are ready to comply the Commission's order, but feel difficulty in computing segregated generation of power from various boilers. The petitioner replied that the Commission in previous orders had already given directions regarding the computation of generation from various boilers.
4. In these circumstances, we feel that a committee of experts be constituted, which inspect the spot and give it's report whether, the order dated 09.12.2011 in petition no. 35 of 2011 is being properly complied by the parties. The secretary of the Commission is directed to constitute the committee within five days and the committee shall submit it's report by 17th July, 2017 positively.
5. The case is fixed for final hearing on 22.07.2017 at 11:00 AM.
||Commission orders for hearing
||Shri Raunak Jain, Advocate for petitioner. Ms. Gurpreet Kour Chawla, Advocate along with Shri Arvind Banerjee, E.E. for respondent.
2. Heard the parties on the admissibility of the case and application for ad-interim relief.
3. This petition is filed by the petitioner against non-compliance by the respondent of the Commission’s order dated 25.07.2016 in P. No. 04 of 2012. According to the order, the CSPDCL was required to revise the cross subsidy surcharge, but the respondent has not revised the surcharge and is continuously levying the cross subsidy surcharge at normal rate.
4. The respondent issued a notice of disconnection of supply on 17.01.2017 to the petitioner, which is received by the petitioner on 21.01.2017. This notice is issued under section 56 of the Electricity Act, 2003 for non-payment of complete amount of Rs. 2,55,23,905/-.
5. The respondent objected and stated that the Commission has allowed cross subsidy surcharge up to 50% of the normal rate is only limited to WHRB and not to the other boilers and is solely for the year 2009-10 and petitioner has no technical mechanism to segregate generation of power from various boilers.
6. It appears from the facts placed before us during the arguments that the petition contains considerable issues. Hence, we admit the case for hearing.
7. The respondent is directed to file detailed reply to the petition within 3 weeks positively, with copy to the petitioner. The petitioner may file rejoinder, if any, within 2 weeks thereafter.
8. The petitioner prays for stay of disconnection notice and restrain the respondent for taking any coercive step. In the circumstances of the case, in our view it would be appropriate to accept the prayer for interim relief, accordingly, we direct the respondent not to take any coercive step against the petitioner, so far as it relates to the subject matter of this petition, till the disposal of this petition. However, current bill of power purchased will be paid timely.
9. The case is fixed for hearing on 22.04.2017 at 11:00 am.
||Shri Raunak Jain, Advocate for petitioner. Shri Abhinav Kardekar, Advocate along with Shri Arvind Banerjee, E.E. for respondent.
2. We direct the petitioner to pay the current bills from December, 2016 to March, 2017 by 09.05.2017 positively and submit the compliance report. Respondent also submit the receipt of the same.
3. Further hearing in the matter will be called after receiving the compliance report.