The central legal point established in the judgment is the authority of the Madhya Pradesh Electricity Regulatory Commission in interpreting the Madhya Pradesh Electricity Supply Code, 2013 and resolving disputes between consumers and licensees.

ORDER VIVEK RUSIA, J. : – The appellants/respondents have filed the present writ appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by the interlocutory order dated 6-1-2022, whereby the objection regarding maintainability of the writ petition for want of alternative remedy has been rejected and the writ petition has been held to be maintainable.

2. Facts of the case in short are as under : –

2.1. The respondent/writ petitioner is a High Tension Consumer of the appellants which is governed under the provisions of the Indian Electricity Act, 2003 as well as Madhya Pradesh Electricity Supply Code, 2013. Vide order dated 9-6-2020, the Superintending Engineer (O and M), M.P.P.K.V.V.CL., Khargone Circle under Clause 11.2 of Madhya Pradesh Electricity Supply Code, 2013 granted the benefit of reduced CD from April, 2020 to May, 2020 because of the lockdown during COVID-19 Pandemic.

2.2. Vide letter dated 1-7-2020, the Superintending Engineer, High Tension (Billing Cell), Indore has informed that on 12-6-2020 maximum consumption i.e. 8108 KVA was recorded which is in violation of point No. 7 of a letter dated 13-5-2020. After examining the matter, the Superintending Engineer, High Tension (Billing Cell), Indore has held that the writ petitioner was ineligible to get the benefit of reduced CD under clause 11.2 of the Madhya Pradesh Electricity Supply Code, 2013 and recalled the order dated 26-5-2020. Being aggrieved by the aforesaid action, the writ petitioner has filed a writ petition before the Writ Court seeking the following reliefs : –

“7.1. It is, therefore, prayed that the present Petition may kindly be allowed, and appropriate Writ/Order or Direction may kindly be issued against Respondents as follows : a. for quashing the impugned letter No. MD/WZ/05HT Billing Cell/1645 dated 30-3-2021 (Annexure-P/13) in its entirety; b. for quashing letter No. 289-2 dated 1st July, 2020 (Annexure-P/9) to the extent of withdrawing reduced supply of electricity in a phased manner under Force Majeure clause, i.e. Clause No. 11 of the Madhya Pradesh Electricity Supply Code, 2013; 7.2. Any other relief which this Hon’ble Court may deem appropriate.”

2.3 After issuance of notice in the writ petition, the appellants/respondents have filed a reply raising a preliminary objection about the maintainability of the writ petition for want of availability of alternative remedy before Madhya Pradesh Electricity Consumer Grievance Redressal Forum established under section 42(5) r/w MPERC (Establishment of Forum and Electricity Ombudsman for Redressal of Grievance of the Consumer) (Revision-1) Regulations, 2009. It is further submitted that Clause 11.13 of the Madhya Pradesh Electricity Supply Code, 2013 provides that in case of any dispute in meaning or scope or interpretation of the Code, the interpretation of the Commission i.e. MPERC shall be final and binding on all the concerned.

2.4. Vide impugned order learned Writ Court has decided the preliminary objection as a preliminary issue by holding that Clause 11.15 of the Madhya Pradesh Electricity Supply Code, 2013, the High Court of Madhya Pradesh is having overall jurisdiction in respect of all the proceedings arising out of this Code or agreement made thereunder, hence the writ petition is maintainable before High Court. Hence, the present writ appeal is before this Court.

3. Shri Tugnawat, learned counsel for the appellants/Company submits that the Writ Court has wrongly held that under Clause 11.15 of the Madhya Pradesh Electricity Supply Code, 2013, this High Court is having exclusive jurisdiction to decide the controversy between the parties, whereas this Clause 11.15 defines the territorial jurisdiction of the High Court. It is further submitted by the learned counsel that the MPERC is a competent forum to resolve any dispute in respect of the meaning or scope or interpretation of the Madhya Pradesh Electricity Supply Code,