Maharashtra State Electricity Distribution Company Limited v. M/S Rattan India Nashik Power Limited

kvm 1/2 1-WP10722.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10722 OF 2017 Maharashtra State Electricity Distribution Company Ltd.

..... Petitioner

VERSUS

M/s.Rattan India Nashik Power Ltd.

..... Respondent Mr.Rahul Singh, i/b. DSK Legal for the Petitioner. Mr.Shyam Dewani, a/w. Ms.Nivedita Kundaji, Mr.Pratik M. Thakkar, i/b. Dewani & Associates for the Respondents. CORAM :

R.D. DHANUKA, J.

DATE :

16th JANUARY, 2018 P.C.

Mr.Dewani, learned counsel appearing for the respondents on instruction states that his client has no objection if the disputes between the parties is referred to State Commission under section 86(1)(f) of the Electricity Act, 2003. He further agrees that his clients shall file such application under the said provision before the State Commission within two weeks from today. Statement is accepted. If any such application is filed, the State Commission shall decide the said application on its own merits and in accordance with law expeditiously.

2.

The impugned order dated 31st January,2017 annexed at Ex.A is accordingly set aside. The writ petition is disposed of in the aforesaid terms. No order as to costs.

3.

All the issues on merits raised by the parties can be raised before

kvm 2/2 1-WP10722.17 the State Commission relating to the impugned remand raised by the petitioner.

4.

This court has not expressed any views on the merits of the matter.

[R.D. DHANUKA, J.]