JUDGMENT

V. Kameswar Rao, J.

I.A. 7249/2022

1. This application has been filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (`CPC', for short) by the applicant PTC India Limited, who is the defendant No. 2 in the titled suit, seeking rejection of the suit on the ground that the disputes therein are covered under the Electricity Act, 2003 (`Electricity Act', hereinafter), and as such need to be adjudicated by the appropriate Electricity Regulatory Commission under the aegis of the said Act.

2. At the outset, I may provide a brief background of the factual matrix leading to the institution of the suit and the instant application. The plaintiff in the suit, MB Power (Madhya Pradesh) Limited, a company incorporated under the Companies Act, 1956 and a `generating company' within the meaning of Section 2 (28) of the Electricity Act, has developed and operates a 1200 MW (2 x 600 MW) coal-based thermal power project (`Project' hereinafter) in Anuppur district in the state of Madhya Pradesh. The defendant No. 1 is a public sector bank, defendant No. 2/applicant (hereinafter referred to as `applicant') is an Electricity Trading Licensee as per the provisions of the Electricit