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2019 Supreme(SC) 1311

ARUN MISHRA, M.R.SHAH, B.R.GAVAI
TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED – Appellant
Versus
RAIN CALCINING LIMITED – Respondent


Advocates Appeared:
For the parties :C.S. Vaidyanathan, Manu Nair, Kuber Dewan, Suvarna Kashyap, S. S. Shroff, Nishant Sharma, Rakesh K. Sharma, Nishant Sharma, Rakesh K. Sharma, K. V. Mohan, K.V. Balakrishnan, M/s. Lawyers’ Knit & Co., Vishwajit Singh, Jayati Parasher, Rajan Narain, Sridhar Potaraju, V.R.N. Prasanth, Shweta Parihar, Shiwani Tushir, G. Usha Sri, Vishnu Thulasi Menon, E. C. Agrawala, G. Ramakrishna Prasad, Raunak Jain, A. V. Rangam, Stuti Krishn, V. G. Pragasam, D. Bharathi Reddy, Y. Raja Gopala Rao, Nikhil Swami, Divya Swami, Prabha Swami, Vikas Mehta, Venkateswara Rao Anumolu, Umesh Kumar Khaitan, K. Mamatha Choudary, Gopal Choudhary, Liz Mathew, Sonali Jain, M/s. MCLM & Co. Pratap Venugopal, Surekha Raman, Akhil Abraham Roy, Vijay Valson, M/s. K.J. John and Co. K.J. John, K.K. Mohan, A. Subba Rao, A. D. N. Rao, Venkatesh Rao, Rahul Mishra, Avni Sharma, Nishant Sharma, Rakesh Kumar Sharma, Matrugupta Mishra, Pratiksha Chaturvedi, Sharmila Upadhyay, Advocates

JUDGMENT

ARUN MISHRA, J.

1. There are three batches of appeals; most of the questions are common, which arise for consideration. In the first batch of appeals, the question arises for consideration concerning the levy of wheeling charges by the appellant – Transmission Corporation of Andhra Pradesh Limited (APTRANSCO). In the second batch of appeals, the question arises for consideration regarding the competence of the APTRANSCO to levy the grid support charges. Admittedly, the outcome of the third batch of appeals depends on the outcome of the first batch of appeals. In the third batch of appeals, the question arises for consideration as to continuance of incentives in respect of wheeling charges granted as per Government Order issued during the year 1997-1998, had to be continued, and whether Commission had the power to review them.

2. After independence, the electricity generation, distribution and transmission, and other related activities were undertaken by the Andhra Pradesh State Electricity Board (APSEB). After the amendment in 1991 in Electricity (Supply) Act, 1948 (


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