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2010 Supreme(SC) 800

H.L.GOKHALE, R.V.RAVEENDRAN
Grid Corporation of Orissa Ltd. – Appellant
Versus
Eastern Metals & Ferro Alloys – Respondent


Advocates appeared:
For the Appearing Parties:Jaideep Gupta, Senior Advocate, Raj Kumar Mehta, Antaryami Upadhyay, S. Lakhi Singh, Sanjay Sen, Rana S. Biswas, Mridul Chakravarty, Ms. Indra Sawhney, Mrs. Sarla Chandra, P.N. Gupta, Himanshu Shekhar, Vinoo Bhagat, Abhijat P. Medh, Mrs. Kirti Renu Mishra, Pranab Kumar Mullick, Radha Shyam Jena, Advocates.

Judgment :-

R.V. RAVEENDRAN, J.

Leave granted in SLP(C) No.4596 of 1999.

These appeals involve the interpretation of a tariff provision in the provisional supply and distribution Licence issued under the Orissa Electricity Reform Act, 1995 (`Act' for short).

2. The State of Orissa enacted the said Act, to restructure and rationalize the generation, transmission, distribution and supply of electricity in the state.

2.1) Section 3 of the Act provided for the establishment of the Orissa Electricity Regulatory Commission (`Commission' for short), to discharge functions including the issue of licences in accordance with the Act and determine the conditions of such licences.

2.2) Chapter VI of the Act deals with licensing of transmission and supply. Section 14(iv) of the said Act authorized the State Government to grant provisional licences for a period not exceeding twelve months, for carrying on the business of transmission or supply of electricity, as a transitional measure till the establishment of the Orissa Electricity Regulatory Commission (`Commission' for short).

2.3) Section 13 of the Act provided that the Grid Corporation of India Ltd. (`GRIDCO' for short, the appellant herein)













































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