M/S.Balaji Melters Vs Cesu — Orissa HC (2025) — LawSathi Research

M/S.Balaji Melters Vs Cesu — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as withdrawn; petitioner free to file an appeal under Section 127 of the Electricity Act, 2003 against the Final Assessment order; appellate authority directed to consider such appeal on merits within two weeks without insisting on a condonation-of-delay application; interim order dated 9th January, 2014 in Misc. Case No.150 of 2014 vacated; urgent certified copy to be granted on proper application.

Issue for consideration

Whether the writ petition challenging the Provisional and Final electricity assessment orders of the petitioner-unit should be disposed of as withdrawn so that the petitioner may contest the Final Assessment order through the appeal prescribed under Section 127 of the Electricity Act, 2003. +1 more

Court's answer

After considering the submissions of learned counsel for the parties, the writ petition is disposed of as withdrawn, enabling the petitioner to seek the remedy of an appeal under Section 127 of the Electricity Act, 2003 against the Final Assessment order.

Ratio / Principle

Because the writ petition remained pending before this Court since 6th January, 2014, the appellate authority is directed to consider the appeal, if filed, on merit following due procedure of law within two weeks, without insisting upon any application for condonation of delay.

Key takeaways

The interim order dated 9th January, 2014 passed in Misc. Case No.150 of 2014 stands vacated upon disposal of the writ petition as withdrawn.ratio¶27

Detailed headnote1 paragraphs

Electricity — Assessment of charges — Writ petition (W.P.(C) No. 151 of 2014, High Court of Orissa) challenging Provisional Assessment order dated 01.11.2013 (Annexure-5) and Final Assessment order dated 10.12.2013 (Annexure-12) against petitioner-unit — On petitioner's prayer, writ petition disposed of as withdrawn so as to enable the petitioner to assail the Final Assessment order in appeal under Section 127 of the Electricity Act, 2003 — Since the writ petition was pending since 06.01.2014, appellate authority directed to consider the appeal on merits, if filed, within two weeks without insisting upon any condonation-of-delay application — Interim order dated 09.01.2014 in Misc. Case No.150 of 2014 stands vacated — (K.R. Mohapatra, J.; order dated 06.01.2025).

Signature Not Verified

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jan-2025 13:00:57

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 151 OF 2014

M/s. Balaji Melters Private Ltd., Angul

…. Petitioner

Mr. Biswajit Nayak, Advocate

-versus-

CESU, Khurda and others

…. Opp. Parties

Mr. Debaranjan Ray, Advocate (For Opp. Party No.1)

Mr. Akash Acharya, Advocate on behalf of Mr. Bibhu Prasad Panda, Advocate (For Opp. Party No.6)

CORAM:

JUSTICE K.R. MOHAPATRA

Order No.

ORDER 06.01.2025

1. This matter is taken up through hybrid mode.

The Petitioner in this writ petition seeks to assail the Provisional Assessment order dated 1^st November, 2013 (Annexure-5) and Final Assessment order dated 10^th December, 2013 (Annexure-12) in respect of the Petitioner-Unit.

In course of hearing, Mr. Nayak, learned counsel for the Petitioner submits that the Final Assessment order passed is appealable under Section 127 of the Electricity Act, 2003 (for brevity ‘the Act’). Hence, he prays for withdrawal of the writ petition to seek remedy under Section 127 of the Act. He also submits that delay in filing the appeal should be condoned, as the matter was pending before this Court in the present writ petition.

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Signature Not Verified

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jan-2025 13:00:57

Mr. Ray, learned counsel for CESU (now TPCODL) does not have any objection with regard to withdrawal of the writ petition to avail the remedy under the Act. He, however, submits that delay in filing the appeal will be considered by the Appellate Authority in the event of filing of an application by the Petitioner along with appeal memo.

Mr. Acharya, learned counsel being authorized by Mr. Panda, learned counsel for Opposite Party No.6 reiterates the submission of Mr. Ray, learned counsel for CESU.

Considering the submissions made by learned counsel for the parties, the writ petition is disposed of as withdrawn.

Since the writ petition was pending before this Court since 6^th January, 2014, the appellate authority shall consider the appeal on merit, if filed, following due procedure of law within a period of two weeks hence without insisting upon filing of any application for condonation of delay.

Interim order dated 9^th January, 2014 passed in Misc. Case No.150 of 2014 stands vacated.

Urgent certified copy of this order be granted on proper application.

ms

(K.R. Mohapatra) Judge

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