South Eastern Coalfields Limited Vs Chhattisgarh State Power Distribution Company Limited And Ors.

It has been submitted by the respondents (CSPDCL) that there is an alternative remedy available before the Appellate Authority against the grievance of the petitioners regarding change of tariff or supplementary bills and the petitioners may avail such alternative remedy in accordance with law, but, instead of availing such alternative remedy, this petition has been filed by the petitioners.

Upon this, learned counsel for the petitioners has submitted that he has already filed an appeal before the Appellate Authority in both the matters, however, without deciding the same, an order of disconnection has been passed and, therefore, he has approached this Court and has obtained an order of stay against the disconnection. The petitioners have been regularly paying the amount of changed tariff and dispute in this respect pertains to the period of 2011-2012. The petitioners have also deposited the amount

3 / 3

of supplementary bills and payment of rest of the amount has been stayed by this Court.

After considering the arguments advanced by learned counsel for the parties, especially with respect to alternative remedy, I think, it would be appropriate to direct the petitioners to approach the authority concerned for decision in their appeal.

The petitioners are at liberty to raise all their grounds under the provisions of Section 126 of the Electricity Act, 2003 and in-turn the respondents authorities are directed to consider each and every aspect of the matter after giving due opportunity of hearing to the petitioners, keeping in view the fact that the petitioners have already paid 50% of the supplementary bills and this Court has granted an order of stay vide order dated 03.04.2014 which is still continued. The respondents authorities are directed to comply with the said order of stay dated 03.04.2014 during the pendency of the appeal of the petitioners. Since the petitioners are further making payment in respect of HB-6 and it is a company undertaken by Government of India as such no prejudice would be caused to the respondents.

With the aforesaid directions, both the petitions are disposed of. The petitioners shall approach the Appellate Authority to pursue their pending appeal.

Sd/-

¶41

Digitally signed by VAISHALI LUCKY NAGARIA Date: 2024.11.20 15:56:02 +0530

(Amitendra Kishore Prasad) Judge

vaishali

South Eastern Coalfields Limited v. Chhattisgarh State Power Distribution Company Limited And Ors.