Mangalore Electricity Supply Company Limited Vs Ultratech Cement Limited

ULTRATECH CEMENT LIMITED (A COMPANY REGISTERED U/ COMPANIES ACT, 1956) AHURA CENTRE , B WING, 2^ND FLOOR, MAHAKALI CAVES ROAD, ANDHERI (EAST) MUMBAI - 400 093 REPRESENTED BY AUTHORIZED SIGNATORY (DEPUTY GENERAL MANAGER).

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…RESPONDENT

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(BY SRI DHYAN CHINNAPPA, SENIOR ADVOCATE A/W SRI V.G. PRASHANTH, ADVOCATE)

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NC: 2025:KHC:14598-DB WA No. 1628 of 2024

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THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 08/08/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.21251/2024.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned Advocate General Mr. K. Shashi Kiran Shetty

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with learned advocate Mr. Shahbaaz Husain for the appellantMangalore Electricity Supply Company Limited and learned Senior Advocate Mr. Dhyan Chinnappa with learned advocate Mr. V.G. Prashanth for the respondent.

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The present appeal is preferred by the appellant-original respondent seeking to call in question the order dated 08.08.2024 passed by learned Single Judge in the pending writ petition.

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2.1 The challenge in the writ petition by the petitioner was against the demand notices dated 28.12.2023 and 21.02.2024

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seeking to recover the electricity dues of Rs. 1,47,47,245/- for the period between 01.12.2008 and 01.03.2024. The challenge was also addressed to the notice dated 05.06.2024 for disconnection issued by the appellant-the Mangalore Electricity Supply Company Limited (MESCOM).

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Learned Single Judge heard both the sides and passed interim order pending final consideration of the petition. For the reasons recorded in the order, learned Single Judge directed the respondent-MESCOM not to take any coercive action against the petitioner pursuant to the notices impugned on the condition that the petitioner deposits Rs.20,00,000/- before the court.

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Learned Advocate General for the appellant, therefore, submitted, seeking to assail the impugned order, inter alia that the petition itself was not maintainable in view of the provisions of Section 127 of The Electricity Act, 2003. He, therefore, submitted that when the petitioner could not maintain the petition, the question of granting the interim order would not arise.

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4.1 On the other hand, learned Senior Advocate for the respondent defended the impugned order and raised his submissions.

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The court is not inclined to consider the rival submissions on merits and is further not inclined to entertain the petition inasmuch as the order brought in appeal is an interim order. For the very kind and nature of the order, it cannot be said that the order pronounced anything final or that it has crystallized the rights of any of the parties finally. The writ proceedings are at large before learned Single Judge to be considered in the writ petition.

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Learned Senior Advocate for the respondent submitted that the condition of depositing of Rs.20,00,000/- is complied with and the said amount is already deposited with the Registry of this court.

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As the order under challenge is an interim order, without going into the merits of the case of the petitioner, the following directions are issued,

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(i) The present appeal is not accepted. Both the sides

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may work out their rights and remedies in the parent proceedings of the writ petition.

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NC: 2025:KHC:14598-DB WA No. 1628 of 2024

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(ii) Only on the ground that the order is interim order, the court has not interjected nor expressed anything on merits.

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(iii) It is to be observed that while deciding the petition finally, learned Single Judge shall permit both the sides to raise all the contentions which may be available to them in law.

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(iv) The amount of Rs.20,00,000/- which is deposited before this court shall be invested by the Registry in an cumulative fixed deposit initially for a period of one year renewable in any nationalized bank which shall be subject to the final order which may passed by the court.

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