IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

EXECUTION PETITION NO. 9 OF 2024 &

IA NO. 1515 OF 2024 & IA NO. 1609 OF 2024 Dated: 27^th January, 2025 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Ms. Seema Gupta, Technical Member (Electricity)

In the matter of:

M/s Aditya Industries (Partnership Firm)

Village Rampur Jattan, Kala Amb, Distt Sirmour (H.P.)

PIN – 173030. … Petitioner(s)

VERSUS

1. Himachal Pradesh State Electricity Board Limited Vidyut Bhawan, Kumar House, Shimla – 171004. ... Respondent No.1 Counsel on record for the Petitioner : Ajay Vaidya Counsel on record for the Respondent(s) : Anand K. Ganesan Swapna Seshadri Amal Nair Shivani Verma Kritika Khanna ORDER PER HON’BLE MR. JUSTICE RAMESH RANGANATHAN, CHAIRPERSON IA-1515/2024 (For recalling of the order)

and IA-1609/2024 (For Modification)

The application in I.A.No.1515 of 2024 is filed seeking the following prayers (a) Allow the IA and Recall the order whereby Execution Petition No.04/2016 was disposed of; (b) alternatively the present execution, petition which is maintainable, be heard on merits; (c) pass any other order(s) or directions(s), which this Hon'ble Tribunal may deem fit and proper. Thereafter IA No. 1609 of 2024 was filed requesting this Tribunal to (a) allow the IA and order correction of the error in disposing of EP No. 4 of 2016; (b) alternatively, hear the present EP, which is maintainable, on its merits; and, (c) pass any other order or direction which this Tribunal deems fit and proper.

I. RELEVANT FACTS:

This case has had a chequered history. Appeal No. 73 of 2014 was filed by the Execution Petitioner herein before this Tribunal questioning the validity of the order passed by the Himachal Pradesh State Electricity Regulatory Commission in Petition No. 181 of 2012 dated 24.08.2013.

In its order, in Appeal No. 73 of 2014 dated 09.09.2015, this Tribunal framed the following issues (i) whether the State Commission lacks jurisdiction to adjudicate upon the dispute or make any directions to the Electricity Board?; (ii) whether the order dated 29.12.2012 passed by the Consumer Forum for Redressal of Grievances of the Electricity Board consumers in Case No. 1515/4/08/032 titled M/s Amba Metals, Kala Amb Vs. HPSEBL and Ors. is fully applicable to the case of the appellant/petitioner; and, (iii) whether the appellant was entitled to the benefit of the said order dated 29.12.2012?

Thereafter, in its order in Appeal No. 73 of 2014 dated 09.09.2015, this Tribunal held that it is only the State Commission which has jurisdiction to deal with the stipulations where non-compliances of the conditions, Rules and Regulations by the licensee are reported; Condition No.29 of the load sanction letter issued by the Electricity Board was illegally inserted, and the appellant was coerced and constrained to agree to that condition in spite of the fact that there were no CEA metering and Operation Regulations or State Supply Code, and that too on the basis of the recommendations of the Committee of the Electricity Board; and, in this case, the State Commission was fully competent to decide the matter of the appellant/petitioner as non-compliance of the provisions of the Electricity Act, conditions, Rules and Regulations by the Electricity Board was reported in the petition with certain prayers.

This Tribunal further observed that, since the matter was an old one and the State Commission had decided the matter on merits including on the jurisdictional issue, they did not find it appropriate and logical to remand the matter to the State Commission for deciding the said controversy as the appellant had been billed and charged since 2005 as per the meter reading recorded in the meter installed at the grid sub-station of the Electricity Board; this was not a fit case for remand, in the light of the fact that the Consumer Forum, set up under Section 42(5) of the Electricity Act 2003 for redressal of grievances of the Electricity Board consumers,