MANDI GOBINDGARH INDUCTION FURNACE ASSOCIATION Vs. FURNACE ASSOCIATION

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to Regulation 15 of the Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matter) Regulations, 2007 (for short the Regulations), as amended vide notification dated 24.05.2010 in respect of security amount alleging it to be unjust, arbitrary, illegal and ultra vires of the Electricity Act, 2003.

(2.) THE relevant Regulation reads as under:

(3.) IT is argued by the learned counsel for the petitioner that in terms of S.47 of the Act, the Regulations in respect of Security can be framed only if a distribution licensee requires for the payment to it of all monies which may become due to it. It is contended that there is no request from the licensee such as respondent No.2 for deposit of the security amount, therefore, the action of the Board in framing the Regulations is beyond the provisions of the Statute.