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2023 Supreme(Del) 5811

MANMEET PRITAM SINGH ARORA
Bses Rajdhani Power Ltd. – Appellant
Versus
Central Electricity Regulatory Commission – Respondent


Advocates appeared:
Mr. Sandeep Sethi, Senior Advocate with Mr. Buddy A. Ranganadhan and Mr. Anupam Varma, Advocates, for the Petitioner.
Mr. TVS Raghavendra Sreyas and Mr. Siddharth Vasudev, Advocates, for the Respondent-1/CERC.
Mr. Tabrez Malmat, Mr. Syed Hamza, and Mr. Sourajit Sarakar Advocates, for the Respondent-2/THDC Ltd.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 49614/2023 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application stands allowed.

CM(M) 1571/2023 and CM APPL. 49613/2023(for interim relief)

1. This petition has been filed under Article 227 of the Constitution of India seeking a direction to Respondent No.1 i.e., learned Central Electricity Regulatory Commission (`CERC'), to re-hear the submissions of the both the parties in petition nos. 54/MP/2021, 135/MP/2022 and 239/MP/2019 (collectively referred to as `petitions') and to pass its final order in a time bound manner.

2. It is stated that the Petitioners and Respondent No.2 herein i.e., THDC India Ltd., had approached the learned CERC seeking adjudication of the aforesaid petitions under Section 79(1)(f) of the Electricity Act, 2003 (`Electricity Act'). It is stated that on 12.04.2022, learned CERC was pleased to issue an interim order in favour of Petitioner no.1 in its petition no. 54/MP/2021. It is stated that after completion of pleadings, learned CERC had granted a hearing to the parties; and on 10.08.2022 was pleased to reserve orders in the aforesaid three (3) petitions.

2.1. It is sta

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