Learned counsel for the petitioner has submitted that the petitioner would make appropriate application before the Gujarat Electricity Regulatory Commission (hereinafter referred to as the Commission for short) seeking appropriate relief and directions, more particularly because at the relevant time the petitioner was not party to the proceedings which came to be decided by the Commission vide order dated 01.06.2011. The learned counsel for the petitioner submitted that about two weeks' time may be granted to the petitioner so as to enable the petitioner to file appropriate application before the Commission and seek appropriate relief and directions and for that purpose the protection which has been granted by this Court may be continued.
Mr.
Joshi and Ms. Bhaya, learned Advocates for respondents have no objection if the protection granted by this Court is directed to be continued for further period of two weeks while allowing the petitioner to make an appropriate application before the Commission.
In view of the request made by the petitioner and aforesaid consent given by learned counsel for the respondents, below mentioned order is passed:
It will be open for the petitioner to make an appropriate application seeking necessary and appropriate relief and directions from the Commission. If such an application is made within a period of two weeks from today, then the Commission will consider and decide the application preferred by present petitioner on merits, after hearing present respondents. The Commission will consider the petitioner's application on merits and after hearing all concerned and interested parties, appropriate orders on merits will be passed in accordance with law. All contentions available to the petitioner and respondents are kept open.
In view of the consent of the learned Advocates for respondents, the ad interim relief granted by the Court vide order dated 29.11.2011 will remain in operation until 2nd July 2012.
With the aforesaid clarification, the petition is disposed of as withdrawn with a view to enabling the petitioner to file appropriate application before the Commission. Direct service is permitted.
(K.M.THAKER, J.) jani Top