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2018 Supreme(SC) 1210

RANJAN GOGOI, SANJAY KISHAN KAUL, K. M. JOSEPH
DAMODAR VALLEY CORPORATION – Appellant
Versus
CENTRAL ELECTRICITY REGULATORY COMMISSION – Respondent


Advocates Appeared:
Advocate for the Appelant: Mr. K.V. Mohan, Adv.
Advocates for the Respondent:Mr. Abhijit Sengupta, Advocate, Mr. Devashish Bharuka, Advocate, Mr. Sunil Kumar Jain, Advocate, Mr. Saurabh Mishra, Mr. Arvind Kumar Sharma, Mr. Partha Sil, Ms. Sharmila Upadhyay, Mr. Anil K. Jha, Mr. Pukhrambam Ramesh Kumar, Ms. Sarla Chandra, Mr. Nikhil Nayyar, Mr. Rajiv Shankar Dvivedi, Advs.,

JUDGMENT

K.M. Joseph, J.

By this appeal maintained under Section 125 of the Electricity Act 2003 (hereinafter referred to as the Act of 2003) , the appellant seeks to challenge the order passed by the Appellate Tribunal dismissing the appeal filed by the appellant against the order of the Central Electricity Regulatory Commission (hereinafter referred to as the Commission' ) .

BACKGROUND FACTS

2. The appellant is a statutory body constituted under the Damodar Valley Corporation Act, 1948 (hereinafter referred to as the DVC Act' ) . It was entrusted with multifarious functions. One of the functions it was entrusted was that it was duty bound to carry out generation, transmission and distribution of electrical energy both hydro electrical and thermal. It was also called upon to, operate schemes for irrigation, water supply and drainage besides flood control in the Damodar river and its tributaries. Acting under Section 20 of the DVC Act, the appellant was fixing the tariff for the electricity which it was generating and transmitting to its consumers. With the enactment of the Electri

















































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