Disposed¶25

M/S.Balaji Melters v. Cesu

Orissa HC6 Jan 2025WP(C)/26083/2013

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; W.P.(C) No. 26083 of 2013; M/s. Balaji Melters Private Ltd. v. CESU (now TPCODL) and others; Justice K.R. Mohapatra; order dated 06.01.2025; writ petition disposed of as withdrawn to avail appellate remedy under Section 127 of the Electricity Act, 2003 against Annexure-15 assessment letter dated 18.11.2013 issued by Assessing Officer-cum-Executive Engineer, CESU, Talcher; condonation of delay dispensed with given pendency since 28.11.2013; appellate authority to decide appeal on merit within two weeks.

What did the court decide?

Writ petition disposed of as withdrawn with liberty to pursue the appeal under Section 127 of the Electricity Act, 2003; appellate authority directed to consider the appeal on merit, if filed, within two weeks without insisting upon any application for condonation of delay. ¶25

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

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Signature Not Verified

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

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 26083 OF 2013

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M/s. Balaji Melters Private Ltd., Angul

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…. Petitioner

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Mr. Biswajit Nayak, Advocate

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-versus-

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CESU, Khurda and others

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…. Opp. Parties

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

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

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CORAM:

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JUSTICE K.R. MOHAPATRA

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Order No.

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ORDER 06.01.2025

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1. This matter is taken up through hybrid mode.

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The Petitioner in this writ petition seeks to set aside the letter dated 18^th November, 2013 (Annexure-15) issued by the Assessing Officer-cum-Executive Engineer, Electrical, CESU (now TPCODL), Talcher-Opposite Party No.3.

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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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Page 1 of 2

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Signature Not Verified

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

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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.

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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.

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

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Since the writ petition was pending before this Court since 28^th November, 2013, 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.

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

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(K.R. Mohapatra)

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Judge

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Page 2 of 2

M/S.Balaji Melters v. Cesu

Case brief

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M/S.Balaji Melters v. Cesu

Case brief

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