- 1 - HC-KAR NC: 2025:KHC:29454 WP No. 3617 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 3617 OF 2020 (GM-KEB) BETWEEN: 1. APOLLO HOSPITALS ENTERPRISE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT NO.19, BISHOP GARDEN, RAJA ANNAMALAIPURAM, CHENNAI - 600028 REP. BY ITS AUTHORISED SIGNATORY 2. MATRIX AGRO PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT #10-3-316/A, MASAB TANK HYDERABAD - 500 028. REP. BY ITS AUTHORISED SIGNATORY 3. MR. G J RAJA SON OF LATE G. JAYARAM REDDY AGED ABOUT 60 YEARS, HAVING OFFICE AT MARUTHI INFO TECH CENTER, SOFTWARE INDUSTRY NO.#11/1, 12/1, INNER RING ROAD, CHELGATTA VILLAGE, BENGALURU - 560017. …PETITIONERS (BY SRI. DORE RAJ B.H., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED A COMPANY REGISTERED UNDER THE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29454 WP No. 3617 of 2020 PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT K R ROAD, BENGALURU - 560 001. (REPRESENTED BY ITS MANAGING DIRECTOR) 2. ASSISTANT EXECUTIVE ENGINEER (ELE) S-3, SUB-DIVISION - BESCOM, VIVEKNAGAR, BENGALURU - 560 047 3. ASSISTANT EXECUTIVE ENGINEER (ELE) C-2, SUB-DIVISION - BESCOM MALLESHWARAM - 560 003 …RESPONDENTS (BY SMT. SUMANA NAGANAND, ADVOCATE FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 6TH FEBRUARY 2020 IN O.P.NO.12 OF 2019 PASSED BY THE KARNATAKA ELECTRICITY REGULATORY COMMISSION AT ANNEXURE-A AND QUASH AND SET ASIDE THE DEMAND LETTER DATED 1ST JANUARY 2019 ISSUED BY RESPONDENT NO.2 AT ANNEXURE-B AND ETC., THIS W.P. IS COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 06.02.2020 passed by Karnataka Electricity Regulation Commission in O.P.no.12/2019 at Annexure-A, this writ petition is filed. - 3 - HC-KAR NC: 2025:KHC:29454 WP No. 3617 of 2020 2. On 29.07.2025, when matter was listed before this Court, learned counsel for respondents submitted that Annexure-A i.e., order impugned herein was appealable before Appellate Tribunal for Electricity (APTEL), New Delhi, under Section 111 of Electricity Act, 2003, and said tribunal was constituted, it was functioning regularly and E-filing as well as appearances through Video Conferencing was available. 3. Learned counsel for petitioners had sought time to respond. And when matter is listed today, Sri Dore Raj B.H, learned counsel for petitioners sought to controvert said submission by referring to decision of Hon'ble Supreme Court in case of Rojer Mathew v. South Indian Bank Ltd. reported in (2020) 6 SCC 1. 4. Heard learned counsel and perused writ petition records. 5. On perusal, Section 111 of Act would provide remedy of appeal. Moreover, facts and circumstances in Rojer Mathew's case (supra) would differ from present petition. And since, E-filing as well as video conferencing are permitted, - 4 - HC-KAR NC: 2025:KHC:29454 WP No. 3617 of 2020 there would be no impediment to petitioners to avail alternative remedy, which is efficacious. 6. Hence, writ petition is dismissed with liberty to avail alternative remedy of appeal under Section 111 of Act. If petitioners file appeal within four weeks along with application for interim prayer, interim order granted herein would enure to petitioners, till consideration of interim prayer. Sd/- (RAVI V HOSMANI) JUDGE BH CT:VS List No.: 1 Sl No.: 26