CESC LTD Vs. SURESH AGARWAL

JUDGEMENT

(1.) There shall be an order in terms of prayer (a) of the application.

(2.) This appeal has been filed against the interim order of the learned Single Judge whereby, while dealing with the writ petition filed by one Sri Suresh Agarwal, the learned judge has passed an injunction in the following terms :

(3.) In the aforementioned writ petition, the writ petitioner had challenged the communication sent to him dated 28th December, 2005 by the West Bengal Electricity Regulatory Commission (hereinafter referred to as 'the Commission' for short) whereby it was communicated to the writ petitioner that no hearing would be given either to the public or to the licensee while issuing the tariff order under section 64(3)(a) of the Electricity Act, 2003. The writ petitioner had filed that writ petition in his individual capacity and had described himself as a consumer under CESC Limited, the appellant herein. In the first paragraph of the writ petition he has described that he was the consumer enjoying the electric supply of 240 Volt Medium Tension (Domestic). He had also described himself as the honorary General Secretary of the West Bengal Rolling Mill Association. We must hasten to add here that the said West Bengal Rolling Mill Association was not made a party to the writ petition. The writ petitioner complained that in pursuance of the advertisement which had appeared on 27th December, 2005 inviting objections/suggestions on the tariff petition filed by the appellant CESC Limited, he had filed his objections to the application made by CESC Limited as per the provisions of that Act.