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2023 Supreme(Guj) 376

BIREN VAISHNAV
J. B. Chemicals And Pharmaceuticals Limited – Appellant
Versus
Dakshin Gujarat Vij Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR SAURABH SOPARKAR, SR COUNSEL assisted by MR AMAR N BHATT, MR ABHISHEK M MEHTA, MS LILU BHAYA, MS.NISHA OZA, ADVOCATE for M/S. WADIA GANDHY & CO.
For the Respondent: MS LILU K BHAYA, MR NACHIKET D MEHTA, MR KAUSHAL H PATEL, MR ANAL S SHAH

JUDGMENT :

1. All these petitions raise a common question – Whether a distribution licensee can compel a consumer of electricity who has separate connections as an HT Consumer can be compelled to merge his connections as one by operation of Clause 4.1.17 and/or Clause 4.28 of the Electricity Code, 2005. The other consequential question in addition to this that arises in some petitions is whether it is open for the Electricity Company to issue notices for payment of tariff on the basis of consumption of energy calculated as if merger is in force and assess amounts beyond a period of three years.

2. Facts of each Special Civil Application are set out as under:

Special Civil Application No. 17582 of 2017

2.1 Prayers in the petition read as under:

    (A) Issue writ of certiorari and/or any other appropriate writ, order or direction and quash and set aside the bills at Annexure A and B and the order of the respondent No. 2 at Annexure – H and further command the respondent No. 1 to complete the merger of electric connection No. 39255 with 39222 within such time as the Hon’ble Court may deem

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