IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA W.P.Nos.33348 & 34517 – 34520/2018 (GM – KEB) BETWEEN:
M/s EMBASSY-ENERGY PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, EMBASSY POINT, NO.150, INFANTRY ROAD, BANGALORE-560001, REP. BY ITS AUTHORISED SIGNATORY, Mr. P.R.RAMA KRISHNAN …PETITIONER (BY SRI DYLAN DOMINIC, ADV. OF M/s ANUP S. SHAH LAW FIRM.) AND:
1. KARNATAKA ELECTRICITY REGULATORY COMMISSION (KERC), NO.16, C-1, MILLERS TANK BED AREA, VASANTHANAGAR, BANGALORE-560052 REP. BY ITS CHAIRMAN 2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, BESCOM, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT K.R. CIRCLE, BENGLAURU-560001, REP BY ITS MANAGING DIRECTOR 3. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED, HESCOM, CORPORATE OFFICE, PB ROAD, NAVANAGAR, HUBBALLI-580025, REP BY ITS MANAGING DIRECTOR 4. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, MESCOM MESCOM BHAVANA, KAVOOR CROSS ROAD, BEJAI, MANGALORE-575 004 REP. BY ITS MANAGING DIRECTOR.
5. GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED, GESCOM, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT STATION ROAD, KALABURAGI-585101. REP BY ITS MANAGING DIRECTOR 6. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LIMITED NO.29, KAVERI GRAMEENA BANK ROAD, HINKAL, VIJAYANAGAR, 2ND STAGE, MYSURU-570019 REP. BY ITS MANAGING DIRECTOR.
7. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KPTCL, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT KAVERI BHAVAN, K.G. ROAD, BENGLUARU-560009 REP BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI MAYANNA B.L., ADV. OF LAWYERS INC. FOR R-1; SMT.SHRIVIDYA ZIRALI, ADV. FOR SRI S.SRIRANGA, ADV. FOR R-2; SRI H.V.DEVARAJU, ADV. FOR R-3;
SMT.M.C.NAGASHREE, ADV. FOR R-4; SRI PRASHANT T. PANDIT, ADV. FOR R-5;
SRI G.C.SHANMUKHA, ADV. FOR R-6; SRI N.G.VIJAY KUMAR, ADV. FOR R-7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.N/172/16, N/205/16, N/203/16, N/80/17 AND N/262/17 DATED 09.01.2018 PASSED BY THE 'KARNATAKA ELECTRICITY REGULATORY COMMISSION, BENGALURU', (HEREINAFTER REFERRED TO AS THE 1ST RESPONDENT) IN O.P.NO.90/2016, O.P.NO.100/2016, O.P.NO.104/2016, O.P.NO.47/2017 AND O.P.NO.130/2017 VIDE ANNEXURE-A TO THE WRIT PETITION, AS FAR AS IT CONCERNS THE PETITIONER HEREIN.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the parties submit ad idem that the subject matter involved in these writ petitions is considered and decided by this Court in W.P.No.18884/2019 and allied matters [D.D. 03.07.2019] and the present writ petitions deserve to be disposed of in similar terms.
2. The said submission is placed on record.
In view of the aforesaid, Writ petitions stand disposed of. Annexure-A dated 09.01.2018 passed by the Karnataka Electricity Regulatory Commission [KERC] is quashed with a direction to KERC to re- consider the matter after issuing notice to the petitioner, in the light of the order passed by the Appellate Tribunal for Electricity in Appeal No.42/2018 and allied matters in so far as the order dated 09.01.2018 is concerned.
Sd/- JUDGE NC.