J.M.PANCHAL, H.L.GOKHALE
NTPC Ltd. – Appellant
Versus
M. P. State Electricity Board – Respondent
JUDGMENT
H.L. Gokhale, J.
1. All these five appeals arise out of a common order dated 20.4.2007 passed by Appellate Tribunal for Electricity (`Appellate Tribunal' for short) while deciding the First Appeals to the Appellate Tribunal under Section 111 of the Electricity Act, 2003 against the orders of the Central Electricity Regulatory Commission (`The Central Commission' for short), dated 1.4.2005, 7.4.2005 and 2.6.2006 passed under Section 62 of the Electricity Act, 2003. While admitting these appeals, this Court has stayed the operation of the impugned order until further orders.
(a) First of these three Civil Appeals are filed by M/s NTPC Ltd. The Madhya Pradesh State Electricity Board (`MPSEB' for short) and others are respondents to this Civil Appeal No.2451/2007. The Punjab State Electricity Board (`PSEB' for short), Delhi Vidyut Board and others are the respondents to the other two appeals being Civil Appeal No.2452/2007 and Civil Appeal No.2493/2007.
(b) Civil Appeals Nos. 3972 and 4231 of 2007 are filed by the PSEB and Delhi Vidyut Board. The Central Commission, M/s NTPC Ltd. and others are the respondents to these two appeals.
2. M/s NTPC Ltd. is a power `generating company
PTC India Ltd. v. Central Electricity Regulatory Commission [2010 (4) SCC 603] (Para 29)
Mahalakshmi Sugar Mills v. UOI [2009 (16) SCC 569] (Para 28)
Pallavi Refractories v. Singareni Collieries [JT 2005 (1) SC 107] (Para 28)
BSES Ltd. v. Tata Powers Co. Ltd. [JT 2003 (Suppl.2) SC 376] (relied upon) (Para 20)
West Bengal Electricity Regulatory Commission v. CESC [JT 2002 (7) SC 578] (Para 28)
Shri Sitaram Sugar Mills v. UOI [JT 1990 (1) SC 462] (Para 28)
ONGC v. Assn. of Natural Gas Consuming Industries of Gujarat [JT 1990 (2) SC 516] (Para 28)
Prag Ice and Oil Mills v. UOI [1978 (3) SCC 459] (Para 28)
Saraswati Industrial Syndicate v. UOI [1974 (2) SCC 630] (Para 28)
Union of India v. Watkins Mayor and Co. [AIR 1966 SC 275] (relied upon) (Para 24)
Union of India v. Rallia Ram [AIR 1963 SC 1685] (relied upon) (Para 23)
Bengal Nagpur Railway Co. v. Ruttanji Ramji [AIR 1938 PC 67] (relied upon) (Para 23)
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