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[Cites 1, Cited by 4]

Supreme Court of India

Haryana Vidhyut Prasaran Nigam Ltd vs Haryana Electricity Regulatory ... on 14 December, 2016

Equivalent citations: AIRONLINE 2016 SC 640

Bench: Rohinton Fali Nariman, Kurian Joseph

                                                                          NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 12324 OF 2016
                    [@CIVIL APPEAL D. NO. 32409 OF 2016]

      HARYANA VIDHYUT PRASARAN NIGAM LTD.         Appellant(s)

                                VERSUS

      HARYANA ELECTRICITY REGULATORY
      COMMISSION AND ANR.                         Respondent(s)

                               J U D G M E N T

KURIAN, J.

1. Delay condoned.

2. It is seen that the APTEL has left the issue regarding impact on tariff under Section 63 of the Electricity Act, 2003 to be decided by the Arbitral Tribunal.

3. We make it clear that the Tribunal will take an independent decision, uninfluenced by any of the observations and findings in the impugned Judgment.

4. The Arbitral Tribunal is directed to decide the impact on tariff as a preliminary issue.

5. In view of the above, the appeal is disposed of.

No costs.

.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] New Delhi;

December 14, 2016.