Hamirpur Alloys Pvt.Ltd Through Its Dir.[ U/A 227 ] vs U.P.Electricity Regulatory Commission Through Its Chairman

B. K. Narayana, J.

Heard Sri Dhruv Mathur, learned counsel for the petitioner, Sri I.B. Singh, learned counsel for the respondent No.1 and Sri Manoj Kumar Dwivedi, learned counsel for the respondents No.2, 3 and 4.

Learned counsel for the petitioner has submitted that the appeal preferred by the petitioner against the order of the respondent No.2 before the respondent No.1 has not been considered and decided by the respondent No.1 while the respondents No.2, 3 and 4 are taking coercive measure against the petitioner for recovery of the amount in question. Further submission of the learned counsel for the petitioner is that since the final report submitted in the criminal case lodged against the petitioner by the respondent No.4 has been accepted, the respondents have no jurisdiction to proceed with the recovery.

Learned counsel for the respondents No.2, 3 and 4 prays for and is allowed a week''s time for obtaining specific instructions with regard to the aforesaid submission.

List/put up this case on 18th May, 2009.

Till 18th May, 2009, no coercive measure shall be taken against the petitioner for recovery of the amount in question. It is being made clear that it will be open to the respondent No.1 to consider and decide the petitioner''s appeal in the meantime.