Authority: Supreme Court of India
Order Date: 18-09-2026
Case Overview
- Petition: Purvanchal Vidyut Vitaran Nigam Limited (petitioner) filed Special Leave Petition (Civil) Diary No. 48458/2026 challenging the final judgment and order dated 06-05-2026 of the Allahabad High Court in Writ No. 12303/2026.
- Respondents: M/s. OM Food Manufacturing Center & others.
- Interlocutory applications sought condonation of delay, exemption from filing O.T., and permission to file additional documents.
- Admitted facts: (i) Load of the respondent’s premises was enhanced to 140 kV on 14-07-2023; (ii) On 01-07-2025 the petitioner issued a notice demanding Rs 54,14,196.88 for under‑charging; (iii) The demand remained unpaid.
- A fresh demand of Rs 62,03,152 was issued on 24-10-2025, incorporating the earlier load demand plus surcharge for default. The first notice dated 01-07-2025 fell within the two‑year period prescribed under Section 56 of the Electricity Act, 2003, and therefore could not be faulted.
Final Outcome
1. The Supreme Court condoned the delay in filing the petition.
2. The court ordered that a notice be issued to the respondents.
3. The notice on behalf of the first respondent was accepted by counsel Mr. Ashish Kumar Upadhyay.
4. The respondents were granted two weeks to file a counter‑affidavit, with a further two‑week window for any rejoinder affidavit.
5. The matter was listed for further hearing on 27-10-2026.
Topics: Electricity Regulation, Court Order, Legal Procedure