HIND SPINNERS Vs. ENERGY DEPARTMENT & OTHERS

JUDGEMENT

(1.) This order shall govern the disposal of W.P.No.2004/2015, 2159/2015, 2162/2015, 2494/2015, 1951/2015 and 1173/2016. For the sake of convenience, the facts as narrated in W.P.No.2004/2015 have been taken. The petitioner has filed the present petition being aggrieved by issuance of the impugned notice dated 21.09.2015 (Annexure P/3) and 12.03.2015 (Annexure P/4) and demand of supplementary bills. Since, the petitioner has paid the aforesaid amount, therefore, by way of this petition, seeking relief of quashment of demand and refund/release or adjustment of the said amount.

(2.) The petitioner is a company registered under the provisions of Companies Act having its registered office at Plot No.2, Kheda Industrial Growth Centre, Pithampur, District Dhar. The petitioner is involved in manufacture of Textile, Synthetic Yar etc.

(3.) The petitioner is a HT consumer of respondent No.2 and 5. In order to get uninterrupted power supply, the petitioner opted for intra state "Open Access" which is an intra state supply to the consumers through intra state transmission system. The consumer is having liberty and discretion to avail the supply of electricity either from a Government Agency or from a Private Distribution Generator or Licensee other than his distribution company within whose geographical area the consumer is situated. The said facility is available subjected to specific terms and conditions. In order to avail the said facility, the petitioner is required to pay the cross subsidy billing charges for billing/energy charges and applicable transmission lies to respondent No.2 MPPKVVCL.