arpit r. singi{vi - livelaw.inarpit r. singi{vi b.com. ll.b (hons.) advocate, gujarat high court...
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ARPIT R. SINGI{VIB.Com. LL.B (Hons.)
ADVOCATE, GUJARAT HIGH COURT
o'sal.eteungato*s'X*rl\lilTf":il:tft i';;;it:r':garRoad,vastrapur,
Date: 25.O5.2O2O
To
The Registrar.
High Court of Gujarat,Sola,
Ahmedabad.
Sub: Note pertaining to circulation of the Special Civil Application as there is urgency in thematter
Dear Sir,
It is submitted that by way of the present petition, the Petitioner seeks appropriate directions toRespondent No. 1 to waive the fixed minimum demand electricity charges for the month of May,2020 and June, 2020. It is submitted that the Distribution Com,ranies are demanding fixeddemand electricity charges for the month of May, 2020 despite lock-down in force and nobusiness activities having been resumed. It is submitted that the fixec demand electricity charges
is exorbitant and the Petitioner association comprising of MSME's is unable to bear the high cost
of fixed demand electricitv charges. It is submitted that the Petitirner association has a man-power of more than 10,000 labourers and if the minimum fixed den,and charges are not waived,then the MSME's will be constrained to shut operations resulting i r loss of livelihood for morethan 10,000 labourers. Further, the Petitioner association has made numerous representations tothe concerned authorities to waive the fixed demand electricity che..ges, however, the same has
not been replied to yet by the concerned authorities. It is submitted :hat due date for payment ofthe fixed minimum demand charges is 30.05.2020 and, hence it rs requested to circulate thematter before the Hon'ble court as there is urgency in the matter.
Thanking You.
Yours faithfully,f1JI\
rfV"i^h14Y&b'vt-I
Aryit R. Singhvi
Advocate (Code No. 9524)
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rN THE HIGH COURT OF GU.JARAT ATAHMEDABAD
SPECIAI CIVIL APPLICATION NO. OF 2O2O
Gujarat Re-RoJ.J.ing MiIIs AssociationPetitioner
VERSUS
State of Gujarat & Ors.Re s pondent s
INDEX\r
TrT nAnnexures Particulars
Synopsis with list ofDates & Events.
-
tuemo of petitioir
ffi: lisr ofmembers of thePetitioner, s
association
PageNo.
1.fr-:
2.7- t\
nn?s:
{)6
4. B'( Colly)
A copy of che ordeidated 24 . A3 .2, 2O issuedby the Minist y of Home
Affairs as well_ asguidel_ines issuedthereto
-
A copy of lhe orderdated 14.04.2 )20 issuedby the Ministry of Home
Affairs as wel_l_ as
ry
3?.
tr ?( Col1y) 3:
g,
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guidel-ines issuedthereto
6. D
(Col11.)A copy of _he dated01.05.2020 issued bythe Ministry of Home
Affairs along rvith theguidelines
6:r
{,
1. E(CoI11')
A copy of -he orderdated 17. 05.2',_t2C issuedby the Ministly of Home
Affairs along withguidelines
ce
1\
B. F( Corly)
A copy oi theresolution dated27.03.2020 as well- as
resolution dated30.03.2020
\L
qu
9.( Col 11')
Copies of the sampleel-ectricity kril_ls duefor the montir of May,
2020 raised upon a fewmember indust-ries ofthe petitionerassociatiorr
\2
#
10. H
(Col1y)Copies of thePetitioner, s
representations dated07. 0 5 .2020 as well as18.05.2020
/'''()-J
.\)
11. A copy of therepresentation dated22 .05 .2020
e1
qj
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12. J A copy of the saidorder dated 28.03.2020by the Ministry ofPowe r
Ab'l ? K A copy of the said
order dated 03.0 4.2020\t, I
L4. L A copy of :he power
Purchase Agreementbetween one FriendComcast Ltd., being oneof the me.mber ofPetitioner association,and Respondent No. 3
k\""
/
s
15. M. A copy of the saidorder dated 2I.O5.2020
d2\\<
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IN THE HIGH COURT OFAHMEDABAD
GUJ.P,RAT AT
SPECIAI CIVIL APPLICATION NO. oF 2020
Gujarat Re-Rolling MiJ.ls As sociationPe'..itioner
\/trPCIIE
State of Gujarat & Ors.Re llpondent s
SYNOPSIS WITH LIST OF DATES & EVENTSBy way of the present petition, the
ext rao rdi nary
th.: Hon'ble
Petitioner - nvokes the
j urisd_ction vested in
Court unde r Articl-e 226 of the
Constitution of India ani thereby
seeks annrnn-'i -*-^*y-yrvIJr_LctL-u directio::rs to
Respondent No. 1 to waive the fixed
minimum demand electricitl, z-h r rrra cvrru!Yvu
and June,for the month
2020 .
of t4ay, 2020
The Petitioner is a Non-
Proflt OrqanLzation
registered under Societles
Registration Act, 1BOO. It
is stated and submitted
that currently the
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Petrti,)ner -i s hrrzinn OVef
5tl steel Re-Ro11ing units..:!^ClD J- L5
ove r
active member all
Guj arat It
submit:ed
Petitioner, s
ob j ect j_ve i s la, rrramaf ae! I/r\Jttt\.,rL\-
rv -r n r^r I l-rY - V vv u lI / advancement and
p:ofessionalism within the
steel- industry in Gul arat
th;r t the
main
was
year
and
Petitioner
incc'rporated in
1953 vrith the
obj ective of promoting
growth, advancement and
professionalism rrithin the
Steel- re-rollj_ng industry
in Guj arat as well as
creating naximum
employment opportunities
in re-rolling -sector and
downst:eam indu:,tries inGuj arat and safe-guarding
the interests of rnenLbers
f1.\^
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24.03.2020 In vj_ew of the e:{ponential
spread of COVID-19 in the
countTy, the Ministry ofHome Affairs declared a
l-ock-down in t.he Country
for a period of 2L days
with effect
25.03.2020 and
of-i .r- ^J. L>
from
issued
H ome
order
varl_ous guidelines alonq
wi th fl^^ order dated
24.03.2020. It is statedand submitted that the
business activiti.es of the
Petitioner came t.o a haltas a resul_t of the
aforesaid order
Mi n'i ql- rrz
Affairs vide
submitted tha tbusiness activiti es
dated I4.04.2020 increased
the period of lock-down
upto 03.05.2020 and issued
varl_ous guidel_ine:s . Tt i q
the
of the
14.0 4.2020
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Petitioner cont
remain suspende,J
of the aforesaid
inued
in
order
tro
vi- ew
the
rapid
the
r rrcl L N T.I1 NAv vv r rr Yfa
Ministry of Home Affairs
v ide -i +^ r-trr.arv!uu! dated
01.05.2020
increased the
for a period of. 2 weeks
wi th effect from
04 . 0 5 .2020 and also issued
guidelines alonc with the
said order. It is stated
and submltted that the
business activiti.es of the
Petl-tioner was fu rthe rsuspended durlng the saidperi od .
cont i nuou s
spread of
That vide
I1 .05.2020
Ministry of
l- o c k-down
clIILi
f-n\/Tfr--l Ovv t Lt-/ LJ t
' further
l-ock-down
orc'er dated
issuel by the
Home Affairs,
was further
01.05.2)20
L] .05.2Ct20
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21 .03.2020
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Re sponden t
:esolution
o rde r ing- ndustries
exempted from
r:rinimum demand
activities were suspended
due to l_ock-down, shal l be
No. 1 passed
:.nter al_ia
thar the.
whose business
pariing fixed
e Iectricity
ext ended
t.ri th
1B .0 s.2020
submitted
guidel_ines
along with
rill 31
e ffect
It
that-.
we re
order
05 .2020
from
is
fre sh
i s sued
dated
17 .0 5.2020 .
r-1^'l qA q
1 abour .
It is submitt_ed thatalthough restricl.ions were
rel-axed, t,he business
activities of the
Petitioner could not be
resumed owing to the'creval_ent migrarlt l_abour
and shor tage of
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charges and onl-y actual_
consumption charges were
payable by the said
industries.
30 03 2 i)20 | Resol_ution passed
No.Raqrrnnrlan{-vrrvvll u
r-l:ri f rzi na
dated 21 .03
effect thatfl^^ resoluti-on dated
be
the
21 .03.2020
ext ended
distribution comi)anies of
by
1
r"'esolution
.2020 to the
the benefit of
s he.1 I
by ,:11
the State ro
industries whose
activities were
due to l-ock-down
That due to the
of the lock-down
the month of May,
all the
business
err qnonrlarlvrrgvv
extensi-on
even in
2020 and
essential
business
of
+l^^
mi rrr:J- i nngUJVII
I abour,
activities
Petitioner
of the
cont-lnued to
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r^'---i ^
i n: r't i rra
s u spended
It is submitted
'that though the business
activities
Petitioner
cont i nued
s u spended
as,sociation
Re spondent
started
rom: i n
i n:nf irrav+vv,
to 6 have
demandir:g fixed
minimum demand e,.ectricitv
charges for the month of
.l May, 2020 f rom the members
of the petitioner
Association.
-10-
It is stated and
that the member
in the
Association are
dfl,l are facing
unprecedented ecc,nomic and
financial crises, at the
submitted
:r-ndustries
Petitioner
all MSME's
ma)mant
stated
none of
f L _Lb furthe r
and submitted thatIthe indurstries in
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the Petitioner Ac:qr\/-,r 1f r Anvrq urvt_
have be en ab 1e r^
of far'l-'i rral -_ _* " _,_/ resume
operations and hence are
not in a positicn to pay
the fixed minimum demand
cl onfri ni f.7 r-h:rrraqsf E\- uJ- _LUr Ly (-ltdrges as
demanded by Re spondent No .
3 to 6
It is submitted that the
members of t.he petiti_oner
association are already at
the brink of closure and
any further economic
hardship will result nor
only in the closure of the
members of ?etitioner
association but will also
resul-t in the l_oss of
livelihood of large number
of l-aborers who are
dependent on the said
member industr:-es fortheir survival and
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I ive I ihood .
Hence, the present
petition warrant ing kind
interference crf this
Hon'b1e Court.
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IN THE HIGE COURTDIST
OF GU"IARAT: AHMEDABAD
AT AHMEDABAD
SPECIA]. CIVIL APPLICATION NO. oF 2020
In the matter under Articles14, 19(1)(g) an"l 2L of rheConst itution of , ndia,.
AND
In the matter under Articl_e226 of the Con stitut ion ofIndia;
AND
In matter underAct, 2003 and
framed
Assbciation. D. K. Goyal,years,
Ro a 1.,
Petitioner
fla^
F'.'l onl_ r'i ni t_ -!rs\J u.l rur u jregulationsthcrarrnrlar.vu.rvv!,
AND
In the matter be _ween:
Gujarat Re-Ro1ling MillsThrough its president, MrS'ex: Male, aqed about 62
Having its address at:Ajanta Con.me. Center,B-4th Flocr, No.2 AshramAhmedabad-380014
VERSUS
L. St,ate of GujaratFot, Guiarat RERolling llillr As$ciation
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Notice to be served through theSecretary, Energy & petrochemicalsDepartment, Sachival_dyd,Gandhiragar
3. Uttar Gujarat Vij Company Ltd.Notice to be served through theDeputy Engineer,Having. its address at:Visnagar Road,
Mehsana 384 001
2. Gujarat Urja VikasNoti_ce to be servedDeputy Engineer,Having its addressSardar Patel VidrzrrtRace Course,Vadodara 390007
Madhya Gujarat vijNotice to be servedDeputy Engineer,Havl_ng rts addressSardar Patel_ VidyutRace Course,Vadodara 390007
Nigam Ltd.l- l-r rnrr al- llLrrr\Ju9r- LrIe
Rh:rz.-rn
Compariy Ltd.throi:gh the
H n -a \7 ) n
A Dekshin Gujarat Vij Company Ltd.Notice to be served throuqh theDeputy Engi_neer,
Having it.s address at:Nana varachha Road, Nr. Kapodra CharRasta, Surat-39500G
5
For, Gujarat Re.Rolling Mills Association
(Ac,---opresideril
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Paschim Gujarat VijNotice' to be servedDeputy Engineer,Ha."ri-ng its addressPaschim Gujarat VijO'f f . Nana Mava MainRaj kot-360004
Company Ltdthrouqh the
at:Seva Sadan"
Road, Laxmin agar I
Tn
The Hon'
Re spondent s
bl-e the ChiefJustice & other Hon'bl_eJudges of the Hiqh Court.of Gujarat At Ahmedabad.
The petitioner aDovenamed:
MOST RESPECTFULLY Q tlE'InlE"TIJ tTLI A - .vrruyr!lII Lll .1 _.
( 1 ) The Petitioner i
Re-Ro11ing mill
petition is t
President, who
l_aw abiding citi
entitl_ed to a1
rights enshrined
Constitution of India
under the
. Respondent
di s tribut ion
'l
l_
s an a'ssociation of
and the present
l-ed through its
s a nat,ional_ and
zen of India and is
I the fundamental
No. 3 to 6 are power
For, Gujarat Re.Rolfing Mills Association
<; u-{
President
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\
.. : \s+pq:' <: lu'-" #l<
. '^ .+17 /' '.'d-y e //.?
, i.,T fu.:; ih F-r'-. *..**---'--i
(2)
(3)
companies and Respondent No. 2 is
the ho-ding company c f Respondent
No. 3 to 6.
By tlY of the present petition, the
Petiti cner invokes the
extraordinary j urisdict.ion vested
in the Hon'bl_e Court ,:nder Article
226 of the Const.it.ut_.on of fndia
and t.hereby seeks appropriate
Cire,:t.icns to Respondent No. 1 Eo
waive .the fixed minimum demand
electri:ity charges f :r t.he month
,rf May, 2020 and June, 2020.
The brief facts giving rise to the
filirg of the present petition are
brie=1v as under:
is respectful ly stated and
iti.oner is asubm_tted that the per
Idon-Prof it Orqani zation registered
under Societies Regis;tration Act,
- B 60 . It is stated . nd submittedthat currently the Fetitioner is
(4\ It
For, Gujarat Re.Rolling Mills Association
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having cver 50 steeL Re-RoIling
units as its active member al-l- over
Guj arat. It is submitted that the
Petitioner' s ma j-n obi ect'i ve i s to
promote growth, adv.rncement and
professional_ism within the steel_
-i nrlrtcl-rrz i n /-,'-i -*-+rrrLrL.rD ury -Lrr \rLrJo.rct L. Ff_:f thef , the
Petitioner is recognized as one of
the ' leading org anLzat.ions
rat.traqanl-i nn t'lr'-l --^r vr/Lvosrr urrl$ Gu j arat t s business
community and the Ir,dian Iron &
Steel- Industry.
(5 ) It is stat,ed and submi cted that. the
Petrtioner
year. 1963
obj ect ive
advan cement.
wi thln fla^ Steel'i nrlrte.|- rrz 'i ^ r-,,+ ^-^ruu!J rrl \JuJctlcLL
r-ra:finnurEo. L_Lrrg maXJ-mUm
was incorp('rated in the
wi th tl,€ a im and
of promoLing growth,
and professionalism
re -roI 1 ing
as wel-] as
employment
opportunities in re-roIl_inq secror
and dovrn s t. re am industries in
Guj arat and
interests of
safe-guarding the
membe r s Annexed
For, Gujarat Re.Rolling Mills Association
(*o -lPresident
WWW.LIVELAW.IN
(6)
hereto and marked as Annexure A is
a copy of the Iist of members of
the Petitioner, s assoc Lation.
It respectf ully s t.ated and
submitted :hat in r..iew of the
exponential spread of COVID-1 9 in
the counLty, the Mini.stry of Home
Affairs vide its ord.er dated
24.03.2020 decfared, a Icck-down in
the Countrl'for a peri,rd of 2L days
rvi th f ect f rom 25 . 03 .2020 and
issued various guid,,rlines along
with the order dat.ed 2 + . O3 .2020 . It
i s stated and submitLeci that the
business activities of the
Petitioner came to a halt as a
result of t,he aioresaid order. A
copy the orde r dat,:d 24 . 03 .2020
i s sued by the Mini s tr 7 o f Home
Affairs as well asj g:uidelines
issued thereto are a:lnexed hereco
and marked as Annexure B (Colly) .
For, Gujarat Re.Rolling iliills Association
q> (---/President
WWW.LIVELAW.IN
(1) It is stated and submi:ted that the
lock:down peric,d was further
extended upto a period of
0 3 . 0 5 .2r)20 to prevent the rapid. outbrea< of COVID-1 9. It is
submitted that the Ministry of Home
Affairs vide _ts order dat.ed
14 . 0 4 .2r)20 increa sed the period of
l-ockldown upto 03.'OS.2O2O and
issued various guide:.ines. It is
submitted that tt,e business
activities of the petitioner
continued to renain suspended j_n
view of the aforesaid order. A copy
of +14^L II C order dateri I4.04.2020
issued by the Minis;rv of Home
Affaj-rs as well_ as quidelines
i s sued t.hereto are annexed. hereto
and mar<ed as Annexure C (Colly) .
(8) It. is respect.fully stated. and
submitted that owi:-rg to t,he
continuous and rapid spread of
COVID-19, the }linistry of . Home
Affairs vid.e its order dated
For, Gujarat Re-Rolling Mills Association
Q-"n'#
WWW.LIVELAW.IN
01.05.2020 further i-ncreased the
lock-down for a pericd of 2 weeks
with effect from 04.0 5.2020 and
also issued guidelines along wit.h
the.said
submitted
acti-vities
order.
+-L-+-
It is stated and
t-}\^L II C
of the Petitioner was
further suspended during the said
period. A copy of the order dated
01 . 0 5 .2020 issued by t.he Minisrry
of Home Affai_rs al_cnq with the
guidelines is anne>:eci hereto and
marked as Annexure D (,3ol1y).
It is further stated ancl submitted
that vide order dated 17.0 S.2O2O
issued by the Ministry of Home
Affairs, Iock-down was further
extended tilt 31.0 S.2O2O with
effect from 18.05.202(;. It is
sub'mit.ted that fresh guidelines
were issued along with order dated
17 . 0 5 ,2020 . It is sr-ibmitted that
al-though restrictions were rel_axed,
the business activities of the
business
(e)
For, Gujarat Re.Rolling Mills Association
<) i**
WWW.LIVELAW.IN
could not be resumed
the prevalent migrant.
labour crises and shortaoe ofuuY u
labour. A copy of tht: order dated
17.0 5.2020 issued by the Minisrry
of Home Affaj_rs along with
guidelines are annexed irereto and
marked as Annexure E (Col1y).
(10) It is pertinent t,o note that during
the months of Marcli, 2O2O and
ApriL, 2020, when the Iock_down was
in force and operatio r, Respondent
No. 1 vide its resc l_ution dated
21 .03.2020 inter af ia ordered. that,
the industries who se business
acti'rities were suspencied due t.o
lock-down7 shall .be 6)xempted f rom
paylng fixed min: mum demand
electricity charges and only actual_
cons-lmption charges were payable by
the said industries. Further, it isstated and submitted that a furtherresol-ution dated 3C.03.2020 was
passed by Respond::nt No. 1
Petitioner
owing to
For, Gujarat Re.Rolling Mills Association
^?t<-"''President
WWW.LIVELAW.IN
(11)
r. l -=ri f rzi ^^+!r rrr.., resolution dated
21 .03.2020 to the effect that the
benefit of the resol_rrtion dated
21 .03.2020 shall_ be ex-tended by al_l
the'di-stribution comcanies of the
State to all the industries .whose
busitess activities *'*r." suspended
due to lock-down. A copy of the
resolution dated 2i.03,2t2A as well
as resofution dated 3r. O 3.2020 are
annexed hereto and marked as
Annei<ure F (Co11y)
It is respectfully stated and
submitted that as due to the
extens ion of the lock.-d.own even in
the month of May, 2O2O and
migratj-on of essentia-i. labour, the
busifless activities of t,he
Peti--ioner continueC to remain
suspended and inactive. It issubmitted that thougrh the business
actir.zities of the petitioner
association cont.inue,l to remain
suspended and inactive, Respondent
For, Guiarat Re'Rolling Mills Association
a=\'Y) t;;],0,-
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No. .3 tc 6 have starteC demanding
f ixed m-ni-mum demand electrie'i f rz
charges for the month of May, 2020
from the members of the petitioner
As sociation . It. is s Lrbmitt.ed that
the industries in the petitioner
associat-on are MSME's and none its
member irdustries have been able to
(I21
re sume F,roper
even after
restrict'ons,
18.05.2020.
financia- crises at
is furtrer stated
busine ts operations
rel-axati ons in the
IN effect from
It is st,ate,:l and subm-itted that the
member i-ndustries in t he petitioner
Asscciat on are all MSMETs and are
facing unprecedented economic and
+l^-+u lt ct L
Pet,i
ab 1e
n one
L.ioner
to
the moment.. It
and submitted
of the indust.ries in the
association have been
effectivel".' resume
operations and hence.are not in a
position to pay the fixed minimum
demand el_ectricity charges as
For, Gujarat Re.Rolling Mills Association
(>c*,.*rPresident
WWW.LIVELAW.IN
rti,A'tr)'.t-? i: :i\'*"t\,^jbj
'."ci.?*/,: i::'{"Y
:]*:./
(131
demanded by Re sponden _ No . 3 t.o 6 .
It is submitted tha t the fixed
electricity charges as claimed by
Respondent No. 3 to 6 are
exorbitant and the members of the
Peti t ioner-as sociat.ion, compri s ing
of MSME industries, ;rre not in a
position to pay the said fixed
mini-mum demand electric.i tv cha rges.
Copies of the sample electricity
bills due for the m.>nth of May,
2020' raised upon a few member
industries of the petitioner
associaticn are annexed. hereto and
marked as Annexure G (Colly) .
It is stat.ed and subm i-tted that if
t.he fixed minimum demand
electricity n!. - -^^ ^urlo-rggD are not
suspended for atl-east the mont.hs of
May, 2020 as well as June , 2020,
the members of the petitioner
association will be ar a grave risk
of shutting their operat -ions. It issubmitted that the members of the
For, Gujarat Re'Rolling Mills Association
r----\' \a I'1r7\-'"*-- President
WWW.LIVELAW.IN
Petitioner association are already
at the brink of cfosure and any
f urt.her economic h.r Fcjsh i n t,rrill_
:esult. not only in tl.e closure of
the members of petltioner
association but wil_l_ also result in--he loss of l_ivelihood of large
number of
dependent
:ndust.ries
Iivel-ih,rod.
l-abcrers
on the
for their
who are
said member
survival_ and
(14) It is stated and subn.itted
the fixed mini--lum
that as
dema n d
electricity charges f.or the month
of May, 2020 were not waived, the
Pet.itioner vide its Iett.er dated
07.05.2020 and 19. C 5.2020 made
representat,ions to Respondent No. 1
as well- as officers )f Respondent
Itlo. I to waive the f ixed minimum
Cemand,el_ectricity charg.es for thea
nronths of May, 2O2O and June , 2020.
It is -submitted that desoite.such
representations there has been no
For, Gujarat Re.Rolfing Mills Association
(*r..^/
President
WWW.LIVELAW.IN
(1s)
reply by Respondent llo or itsofficers till date. C:opies of the
Petitioner' s represent-at ions dated
117.05.2020 as weII as 1B.OS.2O2O
are annexed hereto and marked as
Annexure H (Colly).
It is st.ated and submitted t.hat. as
:he due date for the payment of the
electri:ity bill f or the mont.h of
Ivlay , 2020 (being May, 3 O , 2020) wasa
approacili.g, the pet j-!ioner issued
another representaticn dated
22.05.2)20 to Respondent. No. 1 ro
rvaive the f ixed mi nimum d.emand
electri,:ity charges f;r the months
of May, 2020 and June, 2020. A copy
of the said representation dateda
22 . 05 .2r)20 i s annexed lte reto and
rnarked as Annexure I. It. is
submitt.ed that the said
representation dated i.2.05.2020 has
not been replied t ill_ d.at.e by
Respondent No. 1.
For. G uj,r rat Re'Rcili n g |\,liils Associ atir, rr
r---td(***^Pruldcnt
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(15) It stated and submitted that
Minist.ry of power by its . order
dated 28.03.2020 :ras inter al_ia
directed the Centrai Efectricity
Regulatory Commission tc provide a
moratorium
Di s coms to
gene rat i ng
transmi ssion
levy penal
of three months t,o
make payments to
companie: and the
ficensee,l and n.ot to
rates of late payment
surcharge. Furlher, State
Governments were afso reguested to
issue s imil-ar direct_j ons to State
El-ectricity Regulatory Commissions.
A copy of the said order dat,ed
28 . 03 .2020 by the Minrstr:y of power
annexe d hereto and marked as
Annexure ,t.
(17) It is stated and submitt.ed in
accordance with the order dat,ed
2B .03 .2020 , the Centra l_ Electricitv
Regulatory Commissicn vide its
order dated 03.0 4.2)21 in SUO MOTU
PETITIOIt NO.G/SM/20200 inter afia
l_s
For, Gujarat Re.Rolllg_frlills Association
to)r(;.--rPresident
WWW.LIVELAW.IN
.i3-5rs
Regulation 1 6 of the 20L9 Tariff
Regulations rel_axes tne provisions
of Regulation 5 9 of 2OI9 Tariff
Regul-ations to provid<: that if anv
delayed payment by the distribution
ordered that the
exercise of its
Ccmmission in
POI^IerS Under
gene rat i ng
inter-State
beyond 45
of the
compan ie s
^Am^-^.1 ^^u\_/rrrPc]-IIIe:D
lransmi s s ion
f.l.^
and
l-icensees
t,he dai t e
to
days from
presentat.ion of the bills falls
between 24 .03 .2020 ancl 3 0 . O 6 .2020 ,
the concerned distribution
compan i e s sha 1l- ma ke the payment
vrith LPS at the reduced rate of 12%
per annum that transt ates into I%
per mont.h. A copy of the said order
dated 03.0 4.2020 is annexed hereto
and marked as Annexure K.
is stated and subn itted that ifno waiver of fixed minimum demand
el-ectri,:ity charges is granted ro
Petitio;rer-member inclust.ri es _ t.he
It
For, Gujarat R+Rof,Jhg{ills Association
1}f^,o-z
(18)
President
WWW.LIVELAW.IN
(1e) II
hiqh r- sk of credit default and
subsequent cl_osure
is stated and submitted that as
t.he petitioner' s business
activities have come ro a sudden
halt owing to Force Mia j eurennn.l .i f.i ^-^u\, 1r\rr L.'\Jrru 7 the mininum f ixed
demand el_ectricity charges as
contemplated in the power purchase
Agreements shalf not be appficabl_e
in the present circumstances. A
copy ,rf t.he power purchase
Agreement between one Frienci
Comcast Ltd., being one of the
member of petitioner assoclat.l_on,
and Respondent No. :J is annexed
here ancl marked as Annexure L.
industries of
association wiIl
It is submitted thatis facirrg tremendous
an:. Petitioner
be exposed to the
lhe Petitioner
,.inancial- loss
srrspending itsas a resul_t of
operaticns and is not in a position
For, Gujarat Re.Rolling Mills Association
'Q'**.^
(20)
President
WWW.LIVELAW.IN
I n r1,-uu Pdy rne
ol or-j-ri ni J-.'u!+vruJ
AD
restrictions in place.due to COVID-
19. .It is submitted that although
the Pet j-tioner is ent j tled to. carry
on free trade and busj_ness as per
Article 19 (1) (g) of the
Constitution of Ind.ia, however, due
to t.he restrictj_ons in place on
account of COVID-19, t_he petitioner
is .p,tt to immens;e f inancial
dif f ic rlties and operational l_oss.
mi-nimum demand fixed
charges owing to the
s ubmi tted that owi-ng to t.he(211 IT
restrictions imposed due t.o COVID-
I9, the business operations of the
Petitioner have been suspended and
the. Pet.itioner is f.rced with
serl_ous liquidity crises. Further,
t,he Petitioner's cont ra ctual_
obligations have been put to peril.
It is submitted that
of the Respondent in
fixed minimum demanc,
the inaction
waiving the
electricityFor, Gujarat Re.Rolling Mills Association
{X^'',^President
(22)
WWW.LIVELAW.IN
Petitioners. It is submi_tted thatthe Peti:ioner is read.y and. wiltingto pay the cost of actual_
consumption of electrlcity charges.
It is fu:ther submitted that as the
due date for paying the electricity
charges for the Month of May, 2O2O
is 30th yay, 2020, th.ere is grave
urgency on the part of the
Petitioners.
charges is arbitrary
of the fundamental
It is further stated
that in an identical
w. P. (c) 3120 of 2020
High Court of Delhj
dat,ed 2I .05 .2020 has
the Govt. of Delhi
and violative
r ights of the
and submitted
matter being
, the Hon' bl_e
vide order
n:] I arl r.\-cr_L reLr upOn
to try and
ti,,2 3 )
compl-ete consultation pr ocess withDERC and Discoms with reg,ard t,o ther-ssue of el_ectricit.y charges. A
copy of the said order dated
2I .05.2020 is annexerJ hereto and
marked as Annexure M.
For, Gujarat Re.Rolling Mills Association
President
WWW.LIVELAW.IN
(24)
,z-\./ lu)\,/ /
the petitioners crave leave of the
Hon 'ble Court to add, amend, alt.er,
vary, rescind or modify any of the
groun ls,/ ave rment s macie above, in
the interest of justice.
(2s) The petitioners state and submit
that petitioners have no other
equally ef f icac j-ous, al-ternative
and speedy remedy, sa-/e and except
by wiry of the present pet.ltion and
the rel-1ef s granted by t,ris Hon'ble
Cour: will_ be complete in it.sn:f|r-aa
(2e1 The petitj_oners statr-: and submit,
that petitioners have not filed anv
cther petition in any other Court
of law incl_uding this Hon'bIe. Court
and Hon'ble t.he Supreme Court of. India, with respect to the subiect.
matter cf the petition.
Fa, Gujarat Re.Rolling lrtlills Association
G.,ft#
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It
(21 ) In the premises
most
afnroq:irlvvg+v,
hrrml-r'l rr
+1^^LIIE
andPetitione:
raa?1 ant- frrl I'vvyvvu!urr! ^ r-1--^fyro.yD Llld.L
(A) YOUR LORDSHI pS may be pleased to
issue a writ of mandamus or a writ
in the nature of mar.damus or any
other appro.criate writ I order or
direct.ion t,o Respondent No. 1 to
walve the flxed minimum demand
el-ectricity charges i or May, 2020
t.o June , 2020;
(R) Duri-.ng the Pendency and FinaI
Disposai of the present petition,\/n TTn r n nn^r uuK LORIJSHI PS may b'e pleased to
restrain ResporrCent No. 2 to 6
from takinq a:ry coerci_ve steps
against the pe:itior:er includino
disconnecting their el_ect.ricityq rrnn I rt" *Fr..- J ,
fixed
and levying
cha rge s
penalt j-es, if dfly, 1-=or the month
of tlay, 2020 and June , '2020;
dam;rnrli -^rrurrrY
ef ect ri ci trz
Fot 0ultnt Re.Rolling Mills Association
r(1-rs u-J
President
WWW.LIVELAW.IN
(c)
AND FCR THIS ACT OF
THE PETITIC,NER SHALL
EVER PRAY.
PLACE: AHMEDABADDATE: 25 .05.2020
Pass any such other and./or further
orders t.hat may be thought just
and . proper, in t.he f acts and
circumstances of the present case;
JUSTICE AND KINDNESS,
AS IN DUTY t BOUND FORA /'t
/N.st4''lARPIT R. SINGHVI
AdvocaterPoJ-iJ-irrnar
for the
For, Gujarat Re'Rolling Mills Association
(}.^-**-'President
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