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2023 Supreme(SC) 1020

SANJAY KISHAN KAUL, SUDHANSHU DHULIA, ARAVIND KUMAR
Nabha Power Limited – Appellant
Versus
Punjab State Power Corporation Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Maninder Singh, Sr. Adv. Ms. Anuradha Dutt, Adv. Mr. Anish Kapur, Adv. Ms. Nikhita Suri, Adv. Ms. Pankhuri Budhiraja, Adv. Ms. B. Vijayalakshmi Menon, AOR Mr. Mahesh Agarwal, Adv. Mr. Anshuman Srivastava, Adv. Mr. Ankit Prasoon, Adv. Mr. Avishkar Singhvi, Adv. Mr. Nishant Rao, Adv. Ms. Priya Dhankar, Adv. Mr. Varun, Adv. Mr. Vivek Kumar Singh, Adv. Mr. Aditiya, Adv. Mr. E. C. Agrawala, AOR
For the Respondent(s): Mr. Nikunj Dayal, AOR

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The dispute, pertaining to recovery of deductions of monthly tariff by the respondent, gave rise to proceedings under the Electricity Act, 2003 (hereinafter referred to as the ‘said Act’), which travelled from the Regulatory Commission to the Appellate Tribunal and finally to this Court. The Supreme Court dealt with the matter in terms of the judgment in Nabha Power Limited (NPL) vs. Punjab State Power Corporation Limited (PSPCL) and Another, (2018) 11 SCC 508.

2. The limited aspect, on which relief was granted by this Court qua part of the amount, can be summarized as under:

    (i) The Appellant is held entitled to the washing cost of coal, the transportation from the mine site via washing of coal to the project site inclusive of cost of road transportation for the period where it was necessary.

    (ii) The Gross Calorific Value (“GCV”) of the coal would have to be taken at the project site.

    (iii) The amount payable to the Appellant as the consequences thereof be remitted within a period of three months from the date of this order, failing which it would carry interest @ 12 per cent per annum (simple interest).

3. The respondent filed M.A. No. 1562/2017 i


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