SUBHASH CHAND Vs. N D P L

JUDGEMENT

(1.) Rule D.B. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

(2.) This writ petition inter alia challenges Clause 8.2.1 of the tariff Order of 2004-05 and 2005-06 of tarrif schedule issued by the respondent No. 1 being ultra vires to the Constitution of India, as well as seeks the quashing of the bill dated 31st October, 2005 for a sum of Rs.8,07,416/- raised against K. No. 32204133472 on the basis of speaking order dated 1st October, 2005.

(3.) Mr. Sandeep Sethi, the learned senior counsel appearing for the respondent No. 1/NDPL submits as a preliminary objection that this writ petition is not maintainable and the petitioner should have availed of the appellate remedy provided under Section 111 of the Electricity Act, 2003, which reads as follows:- 111. Appeal to Appellate Tribunal.--(1) Any person aggrieved by an order made by an adjudicating officer under this Act (except under Section 127) or an order made by the Appropriate Commission under this Act may prefer an appeal to the Appellate Tribunal for Electricity: Provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal, deposit the amount of such penalty: Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date of which a copy of the order made by the adjudicating officer of the Appropriate Commission is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. .....................