HARYANA VIDHYUT PRASARAN NIGAM LTD v. HARYANA ELECTRICITY REGULATORY COMMISSION

Supreme Court of India · 14 Dec 2016
Kurian Joseph; Rohinton Fali Nariman
CIVIL APPEAL NO. 12324 OF 2016
administrative appeal_dismissed

AI Summary

The Supreme Court directed the Arbitral Tribunal to independently decide the impact on tariff under Section 63 of the Electricity Act, 2003 as a preliminary issue, dismissing the appeal with delay condoned.

Full Text
Translation output
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 12324 OF 2016
[@CIVIL APPEAL D. NO. 32409 OF 2016]
HARYANA VIDHYUT PRASARAN NIGAM LTD. Appellant(s)
VERSUS
HARYANA ELECTRICITY REGULATORY
COMMISSION AND ANR. Respondent(s)
JUDGMENT
KURIAN, J.

1. Delay condoned.

2. It is seen that the APTEL has left the issue regarding impact on tariff under Section 63 of the Electricity Act, 2003 to be decided by the Arbitral Tribunal.

3. We make it clear that the Tribunal will take an independent decision, uninfluenced by any of the observations and findings in the impugned Judgment.

4. The Arbitral Tribunal is directed to decide the impact on tariff as a preliminary issue.

5. In view of the above, the appeal is disposed of. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ ROHINTON FALI NARIMAN ] New Delhi; December 14, 2016.