M/S Shrinath Flexi Pack(Rss 1328) v. Telangana Electricity Regulatory Commission

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.39441 OF 2016 ORDER:

Heard Sri K.V.Upendra Gupta, learned counsel for the petitioner and Sri R.Vinod Reddy, leaned counsel for the respondents.

2.

The petitioner challenges the action of respondents 2 and 3 in levying penal charges on the ground that the petitioner exceeded MD at the rate of two times etc., as illegal, contrary to contracted capacity and the circumstances of the case.

3.

The counsel for the respondents submits that the petitioner can submit explanation to 2nd respondent with all details and objections on the impugned levy/demand for this month, who in turn will examine the issue independently, pass orders and communicate to the petitioner. He further submits that the said exercise will be completed within two (02) weeks from the date on which the representation is submitted. Without examining the merits, in the considered view of this Court the 2nd respondent can be directed to consider the factual, technical and legal objections of the petitioner and take a decision in this behalf. 4.

Hence, the Writ Petition is disposed of by this order: 1) The petitioner is given one week time from today to submit explanation as stated above.

2) The 2nd respondent is directed to consider all the objections of the petitioner, record reasons and

communicate the decision within two (02) weeks from the date of receipt of representation.

3) The respondents are directed not to disconnect the power supply to the petitioner for not paying the matter under consideration before the 2nd respondent in the meantime.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ______________________ JUSTICE S.V. BHATT NOVEMBER 16, 2016 YVL

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.39441 OF 2016 Dt: 16.11.2016 YVL