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2011 Supreme(SC) 906

ANIL R.DAVE, MUKUNDAKAM SHARMA
Uttar Pradesh Power Corporation Ltd. – Appellant
Versus
N. T. P. C. Ltd. – Respondent


JUDGMENT

Anil R. Dave, J. —

1. Delay condoned.

2. At the request of the learned counsel appearing for the parties, all these appeals are heard together as similar issues are involved in all these appeals. Central Electricity Regulatory Commission (hereinafter referred to as the ‘Central Commission’) had determined tariff for generation and sale of electricity generated by different units of the respondent-National Thermal Power Corporation Limited for the period commencing from 1st April, 2001 to 31st March, 2004 and for some other periods. The tariff so determined was challenged by the respondent before the Appellate Tribunal for Electricity by filing several appeals. The said appeals and Review Petition were decided by different orders and all such orders have been challenged in the aforesaid appeals filed before this Court. Though, the issues involved are similar, for the sake of convenience, wherever facts have been referred to in this judgment, we have taken the same from Civil Appeal No. 5775 of 2007.

3. Thus, the main issue involved in all these appeals is with regard to determination of tariff for electricity generated and sold by the respondent, namely, NTPC, which is a go












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