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2022 Supreme(Ori) 666

S. MURALIDHAR, C. R. DASH
S. N. M. Business Pvt. Ltd. , Balasore – Appellant
Versus
Executive Engineer (elect. ), Central Electrical Division, Nesco, Balaasore – Respondent


Advocates appeared:
Mr. U. C. Mohanty, Advocate, for the Appellant; Mr. Prasant Kumar Tripathy, Advocate for Respondent No.1, for the Respondent

JUDGMENT

Dr. S. Muralidhar, CJ. - The challenge in this writ appeal is to the judgment dated 17th May, 2013 passed by the learned Single Judge allowing W.P.(C) No.972 of 2012 filed by the Executive Engineer (Electrical), Central Electrical Division, NESCO, Balasore (Respondent No.1), which in turn sought the quashing of an order dated 20th September, 2011 passed by the Appellate Authority-cum-Deputy Electrical Inspector (T & D), Balasore (Respondent No.2) setting aside an assessment order 10th June, 2011.

2. The learned Single Judge held that the order of the Appellate Authority (AA) had been passed in gross violation of the statutory provisions contained in the Electricity Act, 2003 ('the Act') and the Orissa Electricity Regulatory Commission (OERC) Distribution (Conditions of Supply) Code, 2004 (OERC Code).

3. While directing notice to issue in the present Appeal on 16th July 2013, it was directed by this Court that any action taken pursuant to the impugned order of the learned Single Judge would be subject to the result of the writ appeal.

4. The background facts are that the Appellant executed an agreement with Respondent No.1 on 7th April, 1999 for availing power supply with a con

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