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2009 Supreme(Del) 700

AJIT PRAKASH SHAH, S.N.AGGARWAL, S.MURALIDHAR
BSES RAJDHANI POWER LTD – Appellant
Versus
SAURASHTRA COLOR TONES PVT. LTD. – Respondent


Advocates Appeared:
Mr.A.S.Chandhiok, Senior Advocate with Mr.Amar Gupta, Mr.Amit Kapur, Mr.Anupam Varma, Mr.Mayank Mishra, Mr.Ritesh Kumar, Mr.Divyam Agarwal, Mr.Arjun Mahajan and Mr.Sandeep Bajaj, Advocates
Mr.S.C. Nigam with Mr.A.Nayak, Advocates Mr.M.S.Gupta, Dy. Director(Law) DERC in person

JUDGMENT

1. The appellant is a distribution company engaged in

distribution of electricity in its area of supply under a statutory licence issued by the respondent No.2, Delhi Electricity Regulatory Commission (DERC for short). The respondent No.2 is constituted and established under Section 17 of the Electricity Regulatory Commissions Act, 1988 (for is the original writ petitioner, purchased an industrial shed being Shed No.1 Category-1, DSIDC Complex, Nangloi, Delhi. Initially connection No.002-156-022/IP was sanctioned for a load of 89.52 KW in the name of the original allottee, Dev Arora. Inspection on April 22, 1997 allegedly revealed a connected load of 169.11 KW and, therefore, certain demands were raised. Dev Arora filed a suit in the civil court, that was eventually dismissed. In this connection a writ petition being CWP 715 of 2003 was also filed by Dev Arora which is pending in this Court. On transfer of the premises in its name, the first respondent applied for resumption of supply of electricity vide applications dated November 30, 2002 and December 30, 2002. The appellant, as required by Clause 2.1(iv) of General Conditions of Tariff Order issued by the DERC in exer










































































































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