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2025 DAILYLAW 14084 (HP)

M/S J.B. ROLLING MILLS LTD v. HPSEB LTD AND ORS

CWP/5836/2021 · 2025-10-09

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.5836 of 2021 Decided on 09th October, 2025 M/s J.B. Rolling Mills Limited …Petitioner Versus Himachal Pradesh State Electricity Board Ltd and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner : M/s Ajay Vaidya and Narvada, Advocates. For the respondents : Ms. Sunita Sharma, Senior Advocate, with Ms. Sugandh Verma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following relief:- “Quash Annexure P-2 i.e. impugned demand notice as having been issued without any mandate of law, with consequential relief in favour of the petitioner company.” 2. Learned Senior Counsel appearing for the respondent-Board has taken a preliminary objections with regard to the maintainability of the petition on the ground that the same is hit by the provisions of Section 42(5) and (6) of the Electricity Act as the petitioner has the remedy of assailing the demand 2 notice before the Consumer Grievance Redressal Forum which has been created under the Electricity Act. 3. Faced with this situation, learned counsel for the petitioner prays that the petitioner be allowed to withdraw the petition with liberty to agitate the grievance before the appropriate Fora. 4. Petition is dismissed as withdraw with liberty as prayed for. It goes without saying that the time that has been spent by the petitioner while pursuing this remedy will be taken into consideration by the authority in case of calculating limitation. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge October 09, 2025 (Vinod)