Disposed¶30

Nirani Sugars Limited v. Power Company of Karnataka Limited (Pckl)

Karnataka HC28 Jan 2025WP/100367/2022

Case brief

AI extract

What is this about?

Karnataka HC Dharwad Bench; WP No.100367 of 2022 (GM-KEB); Nirani Sugars Ltd v. PCKL, BESCOM, MESCOM, HESCOM, GESCOM, CESC & KERC; liquidated damages Rs.1,30,58,569 via pre-audited proforma bills Mar-May 2016; PPA dated 14.10.2015; KERC order dt. 05.08.2012 in OP No.207/2017; KERC fee Rs.25,000; Articles 226/227; petition withdrawn with liberty to file fresh petition on same cause of action; Justice M.Nagaprasanna; decided 28-01-2025.

What did the court decide?

Liberty reserved to withdraw the petition and prefer a fresh petition on the same cause of action; no monetary or substantive relief granted. ¶30

Nirani Sugars Limited Vs Power Company of Karnataka… — Company and Corporate | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC-D:1623 WP No. 100367 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 28^TH DAY OF JANUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

¶7

WRIT PETITION NO. 100367 OF 2022 (GM-KEB)

¶8

BETWEEN:

¶9

NIRANI SUGARS LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED FACTORY SITE NO.166, KULALI CROSS, MUDHOL TALUK, BAGALKOT DISTRICT -587313, (R/BY ITS AUTHORIZED SIGNATORY)

¶10

…PETITIONER

¶11

(BY SRI SHRIDHAR PRABHU, ADVOCATE)

¶12

AND:

¶13

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad

¶14

POWER COMPANY OF KARNATAKA LIMITED (PCKL), A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES, ACT, 1956, HAVING ITS REGISTERED OFFICE AT ROOM NO.15, KAVERI BHAVAN, KPTCL BUILDING, K.G. ROAD, BENGALURU- 560001, (R/BY ITS MANAGING DIRECTOR).

¶15

BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT K.R. CIRCLE, BENGALURU- 560001, (R/BY ITS MANAGING DIRECTOR).

¶16

2 - NC: 2025:KHC-D:1623 WP No. 100367 of 2022

¶17

MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (MESCOM), A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT A.B. SHETTY CIRCLE, MANGALURU -575 001. (REPRESENTED BY ITS MANAGING DIRECTOR)

¶18

HUBLI ELECTRICITY SUPPLY COMPANY LIMITED (HESCOM), A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NAVANAGAR, HUBBALLI -580 025, (REPRESENTED BY ITS MANAGING DIRECTOR).

¶19

GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED (GESCOM), A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT STATION ROAD, KALABURGI -585 102, (REPRESENTED BY ITS MANAGING DIRECTOR).

¶20

CHAMUNDESHWARI ELECTRICITY COMPANY LIMITED (CESC), A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT L.J. AVENUE, NEW SARASWATHIPURAM, MYSURU -570 009, (REPRESENTED BY ITS MANAGING DIRECTOR).

¶21

KARNATAKA ELECTRICITY REGULATORY COMMISSION, NO. 16, C-1, MILLERS, TANK BED AREA, VASANTH NAGAR, BENGALURU- 560 052, REPRESENTED BY CHAIRMAN.

¶22

…RESPONDENTS

¶23

3 - NC: 2025:KHC-D:1623 WP No. 100367 of 2022

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 5^TH AUGUST 2012, AT ANNEXURE-A PASSED BY THE 7^TH RESPONDENT KARNATAKA ELECTRICITY REGULATORY COMMISSION IN OP NO.207/2017. DECLARE THAT THE DEDUCTION OF RS.1,30,58,569/(RUPEES ONE CRORE THIRTY LAKH FIFTY THOUSAND FIVE HUNDRED AND SIXTY NINE ONLY) AS LIQUIDATED DAMAGES BY THE RESPONDENT NO.1 VIDE PRE-AUDITED PROFORMA BILLS FOR THE PERIOD FROM MARCH 2016 TO MAY 2016 AS ILLEGAL, UNAUTHORIZED AND THE PROVISION OF THE SUBJECT PPA DATED 14.10.2015. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENTS JOINTLY AND SEVERALLY, TO REFUND THE ABOVE SAID AMOUNT RS.1,30, 58, 569/- (RUPEES ONE CRORE THIRTY LAKH FIFTY EIGHT THOUSAND FIVE HUNDRED AND SIXTY NINE ONLY) WITH INTEREST AT THE RATE OF 1 FROM 1^ST JUNE 2016 TILL THE DATE OF REFUND. DIRECT THE RESPONDENTS TO REIMBURSE THE FEE PAID BY THE PETITIONER BEFORE THE 7^TH RESPONDENT KARNATAKA ELECTRICITY REGULATORY COMMISSION AMOUNTING TO RS.25,000/- (RUPEES TWENTY FIVE THOUSAND ONLY).

¶25

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶26

ORAL ORDER

¶27

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

¶28

Learned counsel for the petitioner seeks leave of the

¶29

Court to withdraw the petition and prefer a fresh petition

¶30

on the same cause of action. Reserving liberty petition is disposed as withdrawn.