IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WP NOs.14482-14484/2019(GM-KEB) BETWEEN:
1. APPOLLO HOSPITALS ENTERPRISE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT NO.19, BISHOP GARDEN, RAJA ANNAMALAIPURAM CHENNAI-600 028.
REPRESENTED BY ITS AUTHORISED SIGNATORY.
2. MATRIX AGRO PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT #10-3-316/A, MASAB TANK, HYDERABAD-500 028.
REPRESENTED BY ITS AUTHORISED SIGNATORY.
3. MR. G.J. RAJA SON OF G. JAYARAM REDDY AGED 58 YEARS HAVING OFFICE AT MARUTHI INFOTECH CENTER SOFTWARE INDUSTRY NO# 11/1 12/1, INNER RING ROAD CHELGATTA VILLAGE BENGALURU-560 017.
... PETITIONERS (BY SRI SRIDHAR PRABHU, ADVOCATE) AND 1. KARNATAKA ELECTRICITY REGULATORY COMMISSION NO.16 C-1, MILLER TANK BED AREA VASANTHANAGAR BENGALURU-560 052. (REPRESENTED BY ITS SECRETARY) 2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT K.R. ROAD, BENGALURU-560 001.
(REPRESENTED BY ITS MANAGING DIRECTOR) ... RESPONDENTS (BY SRI B.N. PRAKASH, ADVOCATE FOR R1, SRI S. SRIRANGA, ADVOCATE. FOR R2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND UPON PERUSAL THEREOF BE PLEASED TO DIRECT R2 TO EXPEDITIOUSLY DISPOSE OF THE ORIGINAL PETITION NO.12 OF 2019 FILED BY THE PETITIONERS BEFORE R1. A COPY OF ORDER-SHEET OF RESPONDENT KARNATAKA ELECTRICITY REGULATORY COMMISSION HAS BEEN PRODUCED AT ANNEXURE-A AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioners have sought for a direction to respondent No.2 to dispose of the Original Petition No.12/2019 expeditiously inter alia seeking direction to respondent No.2 not to disconnect the power supply to the installation of the petitioners until disposal of the Original Petition No.12/2019.
2. The petitioner Nos.1 and 2 are the Companies and petitioner No.3 is an individual.
3. It is submitted that as per the Wheeling Agreement, petitioner No.2 has agreed to pay all applicable charges to the respective parties whose network is used for the purpose of wheeling.
4. Respondent No.1 has issued a Demand Notice making the petitioners primary responsible for the payments towards cross subsidies. It is grievance of the parties that no reasonable opportunity of hearing was provided to them. Aggrieved by the Demand Notice, the petitioners have filed OP No.12/2012 before the 1st respondent-Commission. It is contended that though originally unconditional interim stay was granted, the same has not been extended. Hence, the present petition.
5. Having regard to the facts and circumstances of the case, this Court deems it proper to direct respondent No.1 – Commission to dispose of the OP No.12/2019 filed by the petitioners in an expeditious manner, in any event not later than four weeks from the date of receipt of a certified copy of this order.
6. Till a final decision to be taken by respondent No.1 – Commission, no precipitative action shall be taken by respondent No.2.
The writ petitions stand disposed of in terms of the above.
Sbs* Sd/- JUDGE