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2016 Supreme(P&H) 1202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BINDAL & HARINDER SINGH SIDHU, JJ.
Garg Inox Limited – Petitioner
Versus
State of Haryana and Others – Respondents
CWP No. 20638 of 2015 (O&M)
Decided On : 02-08-2016
For the Petitioners:Mr. Vijay K. Jindal, Senior Advocate with Mr. Amardeep Sheoran, Mr. Rose Gupta, Mr. Himanshu Chauhan for Mr. Sandeep Singh, Mr. Chirag Wadhwa, Mr. Abhinav Sood for Mr. Vikram Singh, Mr. Abhivadya Sood for Mr. Rakesh Gupta, Mr. Prashant Gupta for Mr. Vaibhav Jain, Mr. Hardeep Singh Dhillon for Mr. Brijender Kaushik, Mr. Ravindra Jain and Mr. Ashish Chaudhary, Advocates.
Mr. Ankur Mittal, Addl. Advocate General, Haryana.
Mr. Vinod S. Bhardwaj, Advocate for HERC, Panchkula.
Mr. Raheel Kohli and Mr. Varun Pathak, Advocates for UHBVNL.
The main legal point established in the judgment is that the demand of security deposit in cash was in line with the provisions of the Electricity Act, 2003, and the Regulations framed thereunder, and the Regulations provided for payment of interest on the security deposit, which safeguarded the interest of the consumers.
Headnote:
Electricity Regulations - Demand of Security Deposit - Sections 47, 61(c) and (d), 181(2)(v)(w) and (zd) of the Act - The court upheld the demand of security deposit in cash as per the Regulations framed under the Electricity Act, 2003. The Regulations were found to be in line with the provisions of the Act, and the court dismissed the petitions challenging the vires of the Regulations.
Fact of the Case:
The petitions challenged the vires of clause 5 of the Haryana Electricity Regulatory Commission (Duty to supply electricity on request, Power to recover expenditure incurred in providing supply & Power to require security) Regulations, 2005, as it demanded a large security deposit in cash from a public limited company engaged in the business of manufacturing stainless steel wires and bars.
Finding of the Court:
The court found that the demand of security deposit in cash was in line with the provisions of the Electricity Act, 2003, and the Regulations framed thereunder. The court also noted that the Regulations provided for payment of interest on the security deposit, which safeguarded the interest of the consumers.
Issues: The main issue was whether the demand of security deposit in cash was reasonable and in accordance with the provisions of the Electricity Act, 2003.
Ratio Decidendi: The court held that the demand of security deposit in cash was in line with the provisions of the Act, and the Regulations were not beyond the powers conferred under the Act. The court also noted that the Regulations provided for payment of interest on the security deposit, which ensured the safeguarding of consumers' interest.
Final Decision: The court dismissed the petitions challenging the vires of the Regulations, upholding the demand of security deposit in cash as per the Regulations framed under the Electricity Act, 2003.
Rajesh Bindal, J.
1. This order will dispose of a bunch of petitions, as detailed below:-
| S. No. | CWP No. | Parties Name |
| 1. | 20638 of 2015 | Garg Inox Limited v. State of Haryana & others |
| 2. | 21869 of 2015 | Surya Roshni Limited v. State of Haryana & others |
| 3. | 22230 of 2015 | Garg Aluminio Pvt. Ltd. v. State of Haryana & others |
| 4. | 22246 of 2015 | Somany Ceramics Ltd. v. State of Haryana & others |
| 5. | 23609 of 2015 | Rajesh Industries v. State of Haryana & others |
| 6. | 23610 of 2015 | Tanna Agro Implex Pvt. Ltd. v. State of Haryana & others |
| 7. | 23611 of 2015 | M/s. Bhartiya Cottex v. State of Haryana & others |
| 8. | 23612 of 2015 | M/s. Kamla Rice Mill v. State of Haryana & others |
| 9. | 23613 of 2015 | M/s Jai Hanumaan Rice and General Mills v. State of Haryana and others |
| 10. | 23614 of 2015 | Veer Oil and General Mills v. State of Haryana & others |
| 11. | 23615 of 2015 | Aroma Agrotech v. State of Haryana & others |
| 12. | 23616 of 2015 | M/s. Shiv Shakti Rice Mill v. State of Haryana & others |
| 13. | 23617 of 2015 | Sunrise Rice Land Pvt. Ltd. v. State of Haryana & others |
| 14. | 23618 of 2015 | M/s. Bansal Rice and General Mills v. State of Haryana & others |
| 15. | 23619 of 2015 | M/s. Bansal Rice and General Mills v. State of Haryana & others |
| 16. | 23620 of 2015 | Shree Jagdamba Agrico Exports Pvt. Ltd. v. State of Haryana & others |
| 17. | 23621 of 2015 | M/s. Mahavir Agro Foods v. State of Haryana & others |
| 18. | 23622 of 2015 | M/s. Bhartiya Cottex v. State of Haryana & others |
| 19. | 23623 of 2015 | Aakash Agrotech Pvt. Ltd. v. State of Haryana & others |
| 20. | 23624 of 2015 | Aroma Agrotech Pvt. Ltd. v. State of Haryana & others |
| 21. | 23801 of 2015 | Veer Overseas Ltd. v. State of Haryana & others |
| 22. | 23851 of 2015 | Lord Krishna Rice Mills v. State of Haryana & others |
| 23. | 23854 of 2015 | M/s. Om Rice & General Mills v. State of Haryana & others |
| 24. | 24242 of 2015 | Aggarwal Food and others v. State of Haryana & others |
| 25. | 24243 of 2015 | Nav Jyoti Agro Foods Pvt. Ltd. and others v. State of Haryana and others |
| 26. | 24244 of 2015 | Garg International and others v. State of Haryana & others |
| 27. | 24245 of 2015 | Ganesh Rice Mills and others v. State of Haryana & others |
| 28. | 24466 of 2015 | Shri Krishna Overseas and others v. State of Haryana & others |
| 29. | 24690 of 2015 | M/s Shree Krishan Kripa Feeds v. State of Haryana & others |
| 30. | 25084 of 2015 | Royal Star Agrotech Pvt. Ltd. v. State of Haryana & others |
| 31. | 25220 of 2015 | Keshav Export v. State of Haryana and others |
| 32. | 25277 of 2015 | Bag Poly International Pvt. Ltd. v. State of Haryana & others |
| 33. | 25296 of 2015 | Ghanshyam Brothers v. State of Haryana and others |
| 34. | 26024 of 2015 | Gaba Overseas (P) Ltd. v. State of Haryana & others |
| 35. | 26061 of 2015 | R.D. Industries and others v. State of Haryana & others |
| 36. | 26262 of 2015 | Mahabir Industries and others v. State of Haryana & others |
| 37. | 26265 of 2015 | D.D. International v. State of Haryana & others |
| 38. | 26632 of 2015 | Green Village Agros (P) Ltd. v. State of Haryana & others |
| 39. | 27082 of 2015 | K.S. Overseas Pvt. Ltd. v. State of Haryana & others |
| 40. | 100 of 2016 | Gagan Rice Mills and others v. State of Haryana and others |
| 41. | 294 of 2016 | Bag Poly International Pvt. Ltd. v. State of Haryana & others |
| 42. | 711 of 2016 | Singla Rice Agro Industries v. State of Haryana & others |
| 43. | 1222 of 2016 | M/s. Venus Cottex v. State of Haryana & others |
| 44. | 1238 of 2016 | M/s. Venus Cottex v. State of Haryana & others |
| 45. | 1242 of 2016 | Riviera Home Furnishings Pvt. Ltd. v. State of Haryana and others |
| 46. | 1574 of 2016 | Sachdeva Textiles v. State of Haryana |
