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2021 Supreme(Ori) 223

D.DASH
Central Electricity Supply Utility Of Oidhsa, Now Tata Power Central Distribution Ltd – Appellant
Versus
Paradeep Phosphates Ltd – Respondent


Advocates Appeared:
N.C. Panigrahi, Advocate, S.R. Panigrahi, Advocate, G.S. Dash, Advocate, N.K. Tripathy, Advocate, N.C. Nayak, Advocate, Asok Mohanty, Advocate, S.P. Sarangi, Advocate, D.C. Das, Advocate, P.K. Das, Advocate, A. Das, Advocate, S. Satyakam, Advocate

JUDGMENT

D Dash, J. - The Petitioner-Tata Power Central Odisha Distribution Limited Company (TPCODL) has prayed for issuance of a writ in the nature of Mandamus/Certiorari or any other appropriate writ or order by quashing the letter dated 05.01.2009 issued by the Opposite Party No.1-Paradeep Phosphates Limited (PPL) a wholly public sector undertaking to the extent that it affects the Petitioner.

    It is pertinent to state here that the Central Electricity Supply Utility Odisha (CESU) created in pursuance to a Scheme framed by the Odisha Electricity Regulatory Commission (OERC) in accordance with Section 26 of Section 22 of the Electricity Act engaged in the business of retail supply of electricity in the Central Zone of Odisha and was the original writ-Petitioner.

    In view of the order of vesting dated 26th may, 2020 passed by the Odisha Electricity Regulatory Commission (OERC), the TPCODL (present Petitioner) has taken over the powers, assets, managements and liabilities subject to the limitations from the CESU for the purpose of distribution of electricity in the area in the State of Odisha in which CESU was carrying out all said activities.

    By order dated 4.12.2020 passed by this Cou

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