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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
chief General Manager – Appellant
Versus
Ankit Packaging limited – Respondent
| Table of Content |
|---|
| 1. background on power supply and payment disputes (Para 1 , 2) |
| 2. (Para 3 , 4 , 5) |
| 3. court's ruling on exceeding jurisdiction (Para 6) |
| 4. conclusion and order of the court (Para 7 , 8) |
ORDER :
1. This Writ Petition is filed aggrieved by the order passed by the 2nd respondent - Vidyut Ombudsman in Appeal No. 28 of 2023-24, dated 23.10.2023.
2. The case of petitioners – TGSPDCL is that the 1st respondent is a HT Consumer vide HT SC No. MDK 558 (SGR 558); power supply was released on 28.01.1993 and it was disconnected on 30.12.2009 due to non-payment of Current Consumption Charges. Subsequently, the 1st respondent sought restoration of power supply under Sick Industries Revival Scheme. In that regard, petitioners and the 1st respondent entered into a separate HT Agreement on 10.05.2010 and power supply was restored on 11.05.2010 under the provisions of Sick Industries Revival Scheme. As the 1st respondent has once again defaulted in payment of C.C. Charges, power supply was disconnected by petitioners on 09.08.2010. In spite of several notices, dues amounting to Rs. 12,30,603/- were not paid by the 1st respondent. Therefore, as per Clause 5.9.4.3 of General Terms and Cond
The Ombudsman exceeded jurisdiction by preventing surcharge collection as per regulatory provisions, affirming that tariffs under the Electricity Act must be adhered to.
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