- 1 - NC: 2025:KHC-D:1623 WP No. 100367 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100367 OF 2022 (GM-KEB) BETWEEN: NIRANI SUGARS LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED FACTORY SITE NO.166, KULALI CROSS, MUDHOL TALUK, BAGALKOT DISTRICT -587313, (R/BY ITS AUTHORIZED SIGNATORY) …PETITIONER (BY SRI SHRIDHAR PRABHU, ADVOCATE) AND: 1. POWER COMPANY OF KARNATAKA LIMITED (PCKL), A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES, ACT, 1956, HAVING ITS REGISTERED OFFICE AT ROOM NO.15, KAVERI BHAVAN, KPTCL BUILDING, K.G. ROAD, BENGALURU- 560001, (R/BY ITS MANAGING DIRECTOR). 2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT K.R. CIRCLE, BENGALURU- 560001, (R/BY ITS MANAGING DIRECTOR). Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1623 WP No. 100367 of 2022 3. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (MESCOM), A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT A.B. SHETTY CIRCLE, MANGALURU -575 001. (REPRESENTED BY ITS MANAGING DIRECTOR) 4. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED (HESCOM), A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NAVANAGAR, HUBBALLI -580 025, (REPRESENTED BY ITS MANAGING DIRECTOR). 5. GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED (GESCOM), A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT STATION ROAD, KALABURGI -585 102, (REPRESENTED BY ITS MANAGING DIRECTOR). 6. CHAMUNDESHWARI ELECTRICITY COMPANY LIMITED (CESC), A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT L.J. AVENUE, NEW SARASWATHIPURAM, MYSURU -570 009, (REPRESENTED BY ITS MANAGING DIRECTOR). 7. KARNATAKA ELECTRICITY REGULATORY COMMISSION, NO. 16, C-1, MILLERS, TANK BED AREA, VASANTH NAGAR, BENGALURU- 560 052, REPRESENTED BY CHAIRMAN. …RESPONDENTS - 3 - NC: 2025:KHC-D:1623 WP No. 100367 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 5TH AUGUST 2012, AT ANNEXURE-A PASSED BY THE 7TH RESPONDENT KARNATAKA ELECTRICITY REGULATORY COMMISSION IN OP NO.207/2017. DECLARE THAT THE DEDUCTION OF RS.1,30,58,569/- (RUPEES ONE CRORE THIRTY LAKH FIFTY THOUSAND FIVE HUNDRED AND SIXTY NINE ONLY) AS LIQUIDATED DAMAGES BY THE RESPONDENT NO.1 VIDE PRE-AUDITED PROFORMA BILLS FOR THE PERIOD FROM MARCH 2016 TO MAY 2016 AS ILLEGAL, UNAUTHORIZED AND THE PROVISION OF THE SUBJECT PPA DATED 14.10.2015. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENTS JOINTLY AND SEVERALLY, TO REFUND THE ABOVE SAID AMOUNT RS.1,30, 58, 569/- (RUPEES ONE CRORE THIRTY LAKH FIFTY EIGHT THOUSAND FIVE HUNDRED AND SIXTY NINE ONLY) WITH INTEREST AT THE RATE OF 1 FROM 1ST JUNE 2016 TILL THE DATE OF REFUND. DIRECT THE RESPONDENTS TO REIMBURSE THE FEE PAID BY THE PETITIONER BEFORE THE 7TH RESPONDENT KARNATAKA ELECTRICITY REGULATORY COMMISSION AMOUNTING TO RS.25,000/- (RUPEES TWENTY FIVE THOUSAND ONLY). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Learned counsel for the petitioner seeks leave of the Court to withdraw the petition and prefer a fresh petition on the same cause of action. Reserving liberty petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 104