PIONEER CARBIDE PVT. LTD. Vs. MEGHALAYA STATE ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) This Review Application is seeking review of the common judgment and order dtd. 2/6/2025, passed by this Court in WP(C) No. 9 of 2025, and other connected writ petitions, wherein the writ petitions were dismissed by holding that there existed alternate remedy under Sec. 111 of the Electricity Act, 2003. The Review sought is with regard to the aspect as to whether the tariff order dtd. 11/4/2023, which was not challenged in the writ petition be held to be applicable till the passing of the new tariff order dtd. 24/10/2024, as far as the petitioner is concerned.

(2.) Mr. K. Paul, learned Senior counsel assisted by Mr. S. Thapa, learned counsel for the petitioner has submitted that though this Court while passing the common judgment and order dtd. 2/6/2025, had interfered with the tariff orders dtd. 5/6/2024 and 6/6/2024, passed by the Meghalaya State Electricity Regulatory Commission (MSERC), thus effectively making the tariff order dtd. 11/4/2023, as the only order that is applicable, the same having not been addressed by this Court, has resulted in an error apparent on the face of the record, which calls for review of the judgment and order dtd. 2/6/2025. It is further submitted that as the tariff order dtd. 11/4/2023, remains the only order which will be applicable to the parties, they ought to be allowed to avail the tariff, as per the order dtd. 11/4/2023, till 24/10/2024, the date of the new tariff order.

(3.) Learned Senior counsel has further submitted that though against the instant order which is sought to be reviewed, writ appeals have since been preferred by other connected parties, the pleaded aspect can be looked into by this Court as the review petitioner has not preferred any appeal as yet. He also submits that as the judgment has failed to determine this important issue, a review is surely called for, as the same being an error apparent on the face of the record will come within the scope of Order 47 of the CPC.