Gujarat High Court
Torrent Power Limited vs Union Of India & 2 on 17 October, 2014
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/SCA/14604/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 14604 of 2014
[On note for speaking to minutes of order dated 14/10/2014 in
C/SCA/14604/2014 ]
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TORRENT POWER LIMITED....Petitioner(s)
Versus
UNION OF INDIA & 2....Respondent(s)
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Appearance:
MR SALIL M THAKORE, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 17/10/2014
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI) At the end of paragraph-4 of the order dated 14th October, 2014, the following words "within a period of one month" shall be added.
The note for speaking to minutes stands disposed of.
(V.M.SAHAI, ACJ.) Page 1 of 2 1 of 4 C/SCA/14604/2014 ORDER (R.P.DHOLARIA,J.) pirzada Page 2 of 2 2 of 4 C/SCA/14604/2014 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 14604 of 2014 ============================================= TORRENT POWER LIMITED....Petitioner(s) Versus UNION OF INDIA & 2....Respondent(s) ============================================= Appearance:
MR MIHIR THAKORE, SENIOR COUNSEL WITH MR SALIL M THAKORE, ADVOCATE for the Petitioner(s) No. 1 ============================================= CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI and HONOURABLE MR.JUSTICE R.P.DHOLARIA Date : 14/10/2014 ORAL ORDER (PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI)
1. We have heard Mr. Mihir Thakore, learned Senior Counsel assisted by Mr. Salil M. Thakore, learned counsel for the petitioner.
2. Rule returnable on 25th November 2014.
3. In this petition, the petitioner has challenged the vires of the provisos to Regulation 5 (2) of the Petroleum and Natural Gas Regulatory Board (Determination of Natural Gas Pipeline Tariff) Regulations, 2008 on the ground that the respondents cannot charge the tariff retrospectively that too without hearing the petitioner. The learned Senior Counsel for the petitioner has placed reliance on two decisions of the Apex Court in the cases of Regional Transport Officer, Chittoor & Ors. v. Associated Transport Madras (P.) Ltd. & Ors. [(1980) Page 1 of 2
3 of 4 C/SCA/14604/2014 ORDER 4 SCC 597] and Vice Chancellor, M.D. University, Rohtak v. Jahan Singh [(2007) 5 SCC 77].
4. We, prima facie, found force in the submission of learned Senior Counsel for the petitioner and therefore we have issued rule to the respondents. So far as interim relief is concerned, according to the petitioner, as per the retrospective tariff, an amount of approximately Rs.49 crores is to be paid by the petitioner to the respondent No.3, whereas, the petitioner has already paid Rs.7 crores out of the amount of Rs.49 crores. Interest of justice would be served if we direct the petitioner to pay an amount of Rs.20 crores to the respondent No.3 and the balance amount of approximately Rs.22 crores shall remain stayed. Accordingly, the petitioner shall pay an amount of Rs.20 crores to the respondent No.3.
5. The amount to be paid by the petitioner to the respondent No.3 or the amount already deposited with the respondent No.3 also shall be subject to the decision of this writ petition.
6. In case the petitioner makes the deposit as directed above, the retrospectivity of the impugned order dated 11.07.2014 shall remain stayed so far as the petitioner is concerned. The petitioner shall continue to pay the tariff as demanded by the respondents with effect from 11 th July 2014 onwards which shall also abide by the decision of this petition.
(V.M.SAHAI, ACJ.) (R.P.DHOLARIA,J.) Jani Page 2 of 2 4 of 4