Ms.
Bhaya, learned advocate, appearing for the respondent - electricity company has raised objection about maintainability of the petition in light of the provisions contained under Section 42(5) and 42(6) of the Electricity Act, 2003 [hereafter referred to as "the Act"] and submitted that alternative remedy is available.
2. Mr.
Joshi, learned Senior Counsel, appearing with Mr. Patel, learned advocate for the petitioner, has opposed the said contention in light of the provisions contained under Section 42(8) of the Act.
3. So far as the merits of the matter and controversy involved in both the petitions are concerned, it emerges from the record and also from the submissions by learned counsel for the petitioner and for the respondent - company that in view of peculiar set of facts of present case, it would be appropriate in view of the facts that the petitioner should submit proper application (about the dispute) to the Forum constituted under Section 42(5) of the Act and request the Forum to decide the dispute and then place the order of the Forum on record of present petition. Further necessary and appropriate order in present petition may be passed thereafter. The learned counsel for the respondent has no objection if the petitioner approaches the Forum constituted under Section 42(5) of the Act. The learned Senior Counsel for the petitioner is also ready to approach the Forum with appropriate application placing the dispute before the Forum and invite order from the Forum and to place it on record of present petition.
Therefore, while retaining the writ petitions for appropriate orders after the decision by the Forum is placed on record, it is observed that the petitioner will make a representation/application to the Forum in connection with the dispute arising from the demand raised by the respondent - electricity company and the Forum will pass appropriate order after hearing the petitioner and the respondent - electricity company.
The application/representation may be made by the petitioner company within 2 weeks from today.
After the application/representation is submitted, the Forum may endeavor to pass appropriate order after hearing the parties, as expeditiously as possible, preferably within 4 weeks from today.
The order passed by the Forum will be placed on record either by the petitioner or by the respondent.
S.O.
to 30.8.2012.
Ad-interim arrangement which is in operation until now, will continue until then.
(K.M.Thaker, J.) kdc Top