MEGHALAYA POWER DISTRIBUTION CORPORATION LIMITED Vs. NATIONAL THERMAL POWER CORPORATION

JUDGEMENT

(1.) A preliminary objection has been taken by the respondent to the effect that in view of Sec. 111 of the Electricity Act, 2003, the writ petition should not be entertained as there is an efficacious alternative remedy by way of an appeal.

(2.) The immediate response of the petitioner to such objection is that in view of the dictum in PTC India Limited v. CERC reported at (2010) 4 SCC 603, the appellate tribunal constituted under the Electricity Act does not have the power of judicial review to entertain a challenge to the vires of any regulations made under the said Act.

(3.) Let the matter appear on March 16, 2023.