M/S METALS AND STEEL PVT LTD v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
WP/39549/2025 · 2026-07-16
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30270 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30270 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010833662025 NC: 2026:KHC:36371 WP No. 39549 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 39549 OF 2025 (GM-KEB) BETWEEN:
M/S METALS AND STEEL PVT LTD A COMPANY REGISTERED UNDER THE PROVISION OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.401, NAVAKAR COMMERCIAL COMPLEX OPP ANDHERI COURT LANE ANDHERI EAST MUMBAI, MUMBAI CITY 400 069, REPRESENTED BY DIRECTOR. …PETITIONER (BY SRI MANMOHAN P N, ADVOCATE FOR SRI. VINAY N.,ADVOCATE)
AND:
1.
BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED A COMPANY REGISTERED UNDER PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT CORPORATE OFFICE, K.R ROAD BENGALURU - 560001, REPRESENTED BY MANAGING DIRECTOR.
2.
ASSISTANT EXECUTIVE ENGINEER (E), BANGALORE ELECTRICITY SUPPLY, COMPANY LIMITED (BESCOM), KUNIGAL SUB DIVISION,KUNIGAL - 577130. …RESPONDENTS (BY SMT ANKITHA R, ADVOCATE FOR SRI LIKITH R PRAKASH, ADV. FOR R1 AND R2)
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010833662025 NC: 2026:KHC:36371 WP No. 39549 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICES DATED 13.02.2025, 13.03.2025, 07.04.2025, 14.05.2025, 12.06.2025, 15.07.2025, 13.08.2025, 16.09.2025, 15.10.2025 AND 11.11.2025 ISSUED BY THE RESPONDENTS (PRODUCED AT ANNEXURE- R TO R9 ) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER The present Writ Petition is filed seeking the following prayer:
"WHEREFORE, it is prayed that this Hon'ble Court may be pleased to: (i) Issue a Writ of Certiorari and quash the demand notices dated 13.02.2025, 13.03.2025, 07.04.2025, 14.05.2025, 12.06.2025, 15.07.2025, 13.08.2025, 16.09.2025, 15.10.2025 and 11.11.2025 issued by respondents (Produced at Annexure-"R" to
"R9") and (ii) Declare that the respondents cannot claim the arrears relating to Vijayaa Steels Limited from the petitioner; and (iii) Pass such other Writ or order as deemed fit in the circumstances of the case, in the interest of justice and equity."
2.
Learned counsel for the petitioner submits that the petitioner occupied the premises as a tenant by virtue of a lease deed dated 05.02.2021, and the electrical installation
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HC-KAR
CNR: KAHC010833662025 NC: 2026:KHC:36371 WP No. 39549 of 2025
meter, which was in the name of Vikat Alloys Private Limited, was transferred to the name of the petitioner. Earlier, on 15.02.2023, when the respondents issued a demand notice seeking payment of Rs.1,14,54,129/-, the petitioner approached this Court by filing WP No. 8827/2023 and the connected matter, which was disposed of on 03.11.2023, directing the respondents to adjust/set off the surplus relating to the concerned RR installation towards the impugned demand and the corresponding interest liability, and further directed the respondents to provide for such adjustments/set off in the bills for the period up to 31.12.2023.
3. In the present writ petition, it is the grievance of the petitioner that the respondents issued demand notices dated 13.02.2025, 13.03.2025, 07.04.2025, 14.05.2025, 12.06.2025, 15.07.2025, 13.08.2025, 16.09.2025, 15.10.2025 and 11.11.2025, seeking payment of Rs.2,77,18,630/- with simple interest @ 1% from March 2024 till the date of payment for the power purchased by Vijayaa Steels Ltd.
4. It is submitted that there is an order approving the resolution process, the dispute regarding who has to pay the
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HC-KAR
CNR: KAHC010833662025 NC: 2026:KHC:36371 WP No. 39549 of 2025
amount, whether it has to be paid to the BESCOM or to Bhoruka Power Corporation Limited, is pending before the APTEL. In those circumstances, the respondents cannot demand the petitioner, who is a subsequent lessee, to pay the amount due earlier, even before the petitioner has occupied the premises. It is submitted that, in fact, the petitioner has made a request for additional power supply, and in the light of the pending demand, the respondents are not even considering the same, which has made the petitioner come before the Court.
5.
Learned counsel appearing for the respondents submits that the remedy available to the petitioner is before the Consumer Grievance Redressal Forum (CGRF). Instead of availing the said remedy, the petitioner has come before the Court. It is the submission of the learned counsel for the respondents that in the demand notices, nothing has been stated regarding disconnection of the power supply, and without availing the alternative remedy and without any cause of action, the petitioner has come before the Court.
6. Having heard the learned counsels on either side, perused the material on records. The dispute between the
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HC-KAR
CNR: KAHC010833662025 NC: 2026:KHC:36371 WP No. 39549 of 2025
parties is with regard to the amounts due from Vijayaa Steels Ltd, in respect of which the resolution plan has been admitted. The dispute also concerns whether the amount has to be paid to the BESCOM or to Bhoruka Power Corporation Limited, and this dispute is pending before the APTEL.
7. It is the grievance of the petitioner that, pending the said dispute, the respondents continue to issue notices even though the petitioner is paying the consumption charges regularly without fail, and without considering the said dispute between the parties. As rightly submitted by the learned counsel for the respondents, when there is a mechanism in place, i.e., Consumer Grievance Redressal Forum, the petitioner has to approach the Consumer Grievance Redressal Forum for redressal of his grievance. If any order is passed, the petitioner has a remedy against the said order.
8. This Court, exercising jurisdiction under Article 226 of the Constitution of India, cannot go into all these aspects when the Consumer Grievance Redressal Forum can adjudicate these disputes in a more effective manner, as the entire material will be available before it. In those circumstances, this
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HC-KAR
CNR: KAHC010833662025 NC: 2026:KHC:36371 WP No. 39549 of 2025
Court is not inclined to go into the merits of the matter. However, it is made clear that till the grievance of the petitioner is redressed, the respondents shall not take any coercive steps, and if any application of the petitioner seeking additional power supply is filed, the same shall be considered independently, notwithstanding the fact that these amounts are due. Accordingly, this Court passes the following:
ORDER (i) The Writ Petition is disposed of giving liberty to the petitioner to approach the Consumer Grievance Redressal Forum. (ii) Respondents shall not disconnect the power supply till the Consumer Grievance Redressal Forum adjudicates the dispute raised by the petitioner. (iii) The petitioner shall go before Consumer Grievance Redressal Forum within a period of 15 days from the date of receipt of certified copy of this order. (iv) The petitioner's request for additional power supply shall be considered notwithstanding the pending dispute.
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HC-KAR
CNR: KAHC010833662025 NC: 2026:KHC:36371 WP No. 39549 of 2025
All pending I.As., in the Writ Petition shall stand
disposed of.
SD/- (LALITHA KANNEGANTI) JUDGE
GVP List No.: 1 Sl No.: 5