JUDGMENT

PER HON’BLE MR. JUSTI CE M. KARPAGA VI NAYAGAM CHAI RPERSON

1. The short question which arises for consideration in the present Appeal is this:

“ Whether the judgem ent dated 5.8.2010 passed by this Tribunal in the Appeal No.70 of 2008 filed by I spat I ndustries Lim ited is a judgem ent in rem i.e. to say w hether it w ould be applicable to all the HT Consum ers including the Appellant in the present Appeal w ho paid the RLC am ount pursuant to the order passed by Maharashtra State Com m ission dated 20.03.2004 or the said judgem ent in personam , confined only to the I spat I ndustries Lim ited, the Appellant in Appeal No.70/ 2008 ” ?

2. The short facts are as under:

(i) Lloyds Steel Industries Limited, the Appellant herein, is one of the HT consumers of the Maharashtra State Electricity Distribution Co. Ltd (R-2).

(ii) The Maharashtra State Commission (R-1) passed the tariff order dated 10.3.2004 for the year 2003-04 introducing the concept of RLC charges which provided that the subsidizing consumer categories to contribute the amount to the Distribution Licensee (R-2) to keep it afloat to meet the cost of the excess T&D losses and directing that the said amount was to be ret