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2022 Supreme(SC) 992

AJAY RASTOGI, B. V. NAGARATHNA
Jindal Steel and Power Limited – Appellant
Versus
Chhattisgarh State Electricity Regulatory Commission – Respondent


Advocates appeared:
For the parties : Mr. Sanjay Sen, Sr. Adv. Ms. Divya Chaturvedi, Adv. Mr. Saransh Shaw, Adv. Mr. Pranav Sood, Adv. M/s. Khaitan & Co., AOR Mr. Shibashish Misra, AOR Ms. Divya Chaturvedi, Adv. Mr. Saransh Shaw, Adv. Mr. Pranav Sood, Adv. M/s. Khaitan & Co., AOR Mr. C.S. Vaidyanathan, Sr. Adv. Ms. Swapna Seshadri, Adv. Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv. Mr. Raj Kumar Mehta, AOR Ms. Himanshi Andley, Adv. Ms. Rashmi Singh, Adv. Ms. Rashmi Singh, AOR

JUDGMENT :

Nagarathna, J.

1. These Civil Appeals filed under Section 125 of the Electricity Act, 2003 arise out of common impugned Judgment dated 07.05.2008 passed by the Appellate Tribunal for Electricity, New Delhi (‘Appellate Tribunal’, for short). By the said judgment, the Appellate Tribunal has set aside the order of respondent No.1 dated 29.11.2005 and cancelled the distribution licence granted to the appellant in C.A. Nos.3607-3610 of 2008. Hence, these appeals.

2. Since the questions of law and facts which arise in both the above captioned Civil Appeals are similar, these appeals are being disposed of by this common judgment.

Re: Civil Appeal Nos. 3607-3610 of 2008:

3. The appellant-Jindal Steel and Power Ltd. (‘JSPL’, for short) in this civil appeal established a sponge iron/steel plant at Raigarh, Chhattisgarh in the year 1990. A captive power plant was also set up by JSPL at a distance of 40 km from the aforesaid steel plant.

4. Respondent No.1 is Chhattisgarh State Electricity Regulatory Commission (‘Commission’, for short), respondent No.2 is Chhattisgarh State Electricity Board (‘CSEB’, for short) later became ‘Chhattisgarh State Power Distribution Company’ and respondent N


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