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Haryana Vidhyut Prasaran Nigam Ltd. v. Haryana Electricity Regulatory Commission and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 12324 of 2016)Decided 14 Dec 2016
Civil Appeal No. 12324 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

This order does not decide the main case. The appeal concerned the impact on tariff under Section 63 of the Electricity Act, 2003. The Appellate Tribunal for Electricity had left that question to be decided by an Arbitral Tribunal.

Decision Breakdown

This is not a final decision on the main case. In a short order dated 14 December 2016, the Court disposed of the appeal without itself ruling on the tariff question. It directed the Arbitral Tribunal to take an independent decision, uninfluenced by any of the observations and findings in the judgment under appeal, and to decide the tariff impact as a preliminary issue.

Lesson Learnt

There is no ruling by the Court on the tariff impact. That question is to be decided independently by the Arbitral Tribunal.

Official source (sci.gov.in)View Judgment (PDF)

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