Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 3782 (ALL)

Dwarikesh Sugar Industries Ltd. Thru. Chief G. M. S. S. Arya v. U. P. Electricity Regulatory Commission Thru. Its Secy.

2016-11-23

A.P.SAHI, DEVENDRA KUMAR UPADHYAYA

body2016
JUDGMENT Heard learned counsel for the petitioner Sri Altaf Mansoor, Sri Sanjay Singh for the respondent no. 1, U.P. Electricity Regulatory Commission, Sri Prashant Arora for the respondents no. 2 and 4, U.P. Power Corporation Ltd and Madhyanchal Vidyut Vitran Nigam Limited and Ms. Aparajita Bansal for the respondent no. 3, Paschimanchal Vidyut Vitran Nigam Limited. This petition by the petitioner-factory has been filed with an innocuous prayer to direct the Electricity Regulatory Commission to hear and decide the petition filed by it, namely Petition No. 1135 of 2016 ( M/s. Dwarikesh Sugar Industries Ltd. Vs. U.P. Power Corporation Ltd.) within some prescribed time frame. It has been contended by learned counsel for the petitioner that the said petition before the Regulatory Commission has been presented on 5.10.2016. However, no dates have been fixed by the Commission and on account of the delay being caused, the petitioner-factory is unable to clear the dues of cane-growers. Sri Sanjay Singh learned counsel for the Electricity Regulatory Commission stated that 7.12.2016 has been fixed by the Regulatory Commission. He has produced the notice issued on 21.11.2016 to the said effect which is taken on record. In view of the above, the petition is finally disposed of with the direction to the Electricity Regulatory Commission to dispose of Petition No. 1135 of 2016 ( M/s. Dwarikesh Sugar Industries Ltd. Vs. U.P. Power Corporation Ltd.) expeditiously. It is provided that in case the respondents to the petition preferred by the petitioner before the Regulatory Commission contest the matter they shall file their counter affidavit before the Regulatory Commission before 7.12.2016 itself. Once the counter affidavit is filed the petition thereafter shall be decided finally in accordance with law by the Regulatory Commission within next one month. With the aforesaid observations and directions the writ petition is disposed of.