Calcutta High Court (Appellete Side)
Bhaskar Shrachi Alloys Limited & Anr vs Damodar Valley Corporation & Ors on 18 September, 2013
Author: Aniruddha Bose
Bench: Aniruddha Bose
1
09
W.P. No. 27044(W) of 2013
18.09.2013
NB/KC Bhaskar Shrachi Alloys Limited & Anr.
Vs. Damodar Valley Corporation & Ors.
Mr. Shyamal Sarkar Mr. Rajesh Gupta Ms. Rajshree Kajaria Mr. Saptarshi Mukherjee ...for the petitioners.
Mr. Pratik Dhar Mr. Ritwik Pattanayak.
...for WBERC.
Mr. Prasun Mukherjee ...for the DVC.
In this writ petition, the petitioners have questioned the legality of a proceeding initiated by the West Bengal Electricity Regulatory Commission for the purpose of determination of certain elements of tariff of the Damodar Valley Corporation (DVC). Such step was taken by the State Regulatory Commission on the basis of fixation of Provisional Tariff Order passed by the Central Electricity Regulatory Commission. The said Provisional Tariff Order however has been quashed by an Hon'ble Single Judge of this Court in W.P. No. 15077(W) of 2011, which was decided on 7th December, 2012. Along with the aforesaid writ petition, several other writ petitions on the same issue were also disposed of by the Hon'ble Single Judge. Since the Provisional Tariff Order has already been quashed, it is submitted by the learned Counsel for the State Electricity Regulatory Commission that they were not proceeding in this matter any further. On behalf of Damodar Valley Corporation, it was submitted that final Tariff Order 2 has already been issued by the Central Electricity Regulatory Commission. This is disputed on behalf of the petitioners. In this proceeding, I am not going into that controversy, as that issue is not in lis before me. In the event the final Tariff Order is eventually issued, then the Commission shall be entitled to take appropriate steps in accordance with law.
So far as this writ petition is concerned, in view of the aforesaid submission made on behalf of the State Electricity Regulatory Commission, no further order is necessary. I make it clear that I have not addressed any of the issues raised in this writ petition on merit. The points raised in this writ petition are kept open, and the parties would be at liberty to urge these points before the appropriate forum at the appropriate time.
The writ petition shall stand disposed of accordingly. Since this writ petition is being disposed of without calling for any affidavit, allegations made in the writ petition shall be deemed to have not been admitted.
No order as to costs.
Urgent photostat certified copy of this order be given to the parties expeditiously, if applied for.
(Aniruddha Bose, J.)