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N. V. ANJARIA, SAMIR J. DAVE
Sabic Research & Technology Pvt Ltd – Appellant
Versus
Gujarat Urja Vikas Nigam Limited – Respondent
JUDGMENT :
N.V. Anjaria, J.
The captioned First Appeal and Special Civil Application are interactive in their facts and controversy involved. They were ordered to be notified together and were heard together. Therefore, both are treated together by this common judgement and order.
1.1 Heard learned advocate Mr. Shakti Jadeja for learned advocate Mr. S.P. Majmudar for the appellant and the petitioner in the First Appeal and Special Civil Application respectively and learned advocate Ms. Lilu K. Bhaya for respondent Gujarat Urjha Vikas Nigam Ltd. in both, at length.
2. The First Appeal under Section 27 of the Electricity Regulatory Commissions Act, 1998 by the appellant M/s. Sabic Research & Technology Pvt. Ltd. is directed against the order dated 25.09.2002 of the Gujarat Electricity Regulatory Commission at Ahmedabad in Petition No. 62 of 2002, which was filed before the Commission by the appellant Company.
2.1 On the other hand, in the Special Civil Application, the prayer made by the petitioner Company was to set aside the classification in Commercial Circular No. 767 dated 13.07.2004 wherein the research and development units recognised by the Ministry of Science & Technology came to
The central legal point established in the judgment is the jurisdiction of the Electricity Regulatory Commission to regulate tariff applicability and ensure fair and non-discriminatory tariff determi....
Point of Law : Section 61 of Electricity Act, 2003 deals with tariff regulations and it empowers Regulatory Commission to specify terms and conditions for determination of tariff.
The absence of regulations does not invalidate the Board's authority to set Grid Tariffs under the Electricity (Supply) Act, provided such tariffs adhere to the principles outlined within the Act.
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