Jharkhand High Court
M/S Bharat Coking Coal Limited vs Dlf Home Developers Ltd on 12 September, 2023
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Commercial Appeal No. 7 of 2019
M/s Bharat Coking Coal Limited ......Appellant
Versus
DLF Home Developers Ltd. ... Respondent
---------------
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Appellant : Mr. S.B. Upadhyay, Senior Advocate : Mr. Anoop Kumar Mehta, Advocate : Mr. Parijat Kishore, Advocate : Mr. Nishant Kumar, Advocate : Mr. Abhishek Mohan Goel, Advocate For the Respondent : Mr. Rakesh Kumar Khanna, Senior Advocate : Mr. Hemant Jain, Advocate : Mr. Saif Ali, Advocate
---------------
Order No. 25/ Dated: 12th September 2023 Mr. S.B. Upadhyay, the learned senior counsel for the appellant has primarily raised two-fold contentions:
(i) Jharkhand State Electricity Regulatory Commission (in short "Commission") has no jurisdiction under section 62 read with section 86 of the Electricity Act, 2003 to determine tariff in a dispute between a generating company and a consumer, and
(ii) the Arbitrator has gone beyond the reference and awarded claims which did not fall within the ambit of the dispute referred by the Commission.
2. The learned senior counsel for the appellant has relied on the following judgments:
(i) "Indian Oil Corporation Limited Vs. Shree Ganesh Petroleum Rajgurunagar" (2022) 4 SCC 463
(ii) "Harshad Chiman Lal Modi Vs. DLF Universal Ltd. and another" (2005) 7 SCC 791
(iii) "Hindustan Zinc Ltd. (HZL) Vs. Ajmer Vidyut Vitran Nigam Limited" (2019) 17 SCC 82
(iv) "Chief General Manager (IPC) MP Power Trading Co. Ltd.
and Anr. Vs. Narmada Equipments Pvt. Ltd. 2021 SCC 2 Online SC 255
(v) "Lion Engineering Consultants Vs. State of Madhya Pradesh & Others" (2018) 16 SCC 758
(vi) "Gujarat Urja Vikas Nigam Ltd. Vs. Essar Power Ltd."
(2008) 4 SCC 755
(vii) "Ssangyong Engineering and Construction Company Ltd.
Vs. National Highways Authority of India" (2019) 15 SCC 131
(viii) "State of Chhattisgarh & Anr. Vs. SAL Udyog Pvt. Ltd."
(2022) 2 SCC 275
(ix) "Union of India Vs. Manraj Enterprises" (2022) 2 SCC 331
(x) "Union of India Vs. Pam Development Pvt. Ltd." (2014) 11 SCC 366
(xi) "Bharat Sanchar Nigam Limited and Anr. Vs. Motorola India Pvt. Ltd." (2009) 2 SCC 337.
3. The learned senior counsel for the respondent has relied on the following judgments:
(i) "Haryana Tourism Limited Vs. Kandhari Beverages Limited" (2022) 3 SCC 237
(ii) "Associate Builders Vs. DDA" (2015) 3 SCC 49
(iii) "Board of Control for Cricket in India V. Kochi Cricket Private Limited and Others" (2018) 6 SCC 287
(iv) "Gujarat State Financial Corporation v. M/s Lotus Hotels Pvt. Ltd. (1983) 3 SCC 379
(v) "M/s. Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh and Others" (1979) 2 SCC 409
(vi) "MSP Infrastructure Limited v. Madhya Pradesh Road Development Corporation Limited" (2015) 13 SCC 713
(vii) "Sihor Nagar Palika Bureau Vs. Bhabhlubhai Virabhai & Co." (2005) 4 SCC 1
(viii) "Union of India v. Pam Development Private Limited"
(2014) 11 SCC 366
(ix) "Ajmer Vidyut Vitaran Nigam Limited through its CMD Hathibhata Power House Road, Ajmer (now MD Vidyut Bhawan Makawarali Road, Ajmer (Raj) v. Hindustan Zinc Limited (HZL) 3 Yashad Bhawan, Udaipur (Raj)" 2018 SCC Online Raj 713
(x) "Perkins Eastman Architects DPC and Anr. V. HSCC (India) Limited" (2020) 20 SCC 760
(xi) "Hindustan Petroleum Corpn. Ltd. v. Pinkcity Midway Petroleums" (2003) 6 SCC 503
(xii) "P. Anand Gajapathi Raju and Ors. v. P.V.G Raju" (2000)
4 SCC 539
(xiii) "Morgan Securities & Credit (P) Ltd. v. Modi Rubber Ltd." (2006) 12 SCC 642.
4. The learned senior counsel for the appellant has taken us through the order passed by the Commission, the APTEL and the Hon'ble Supreme Court in relation to the initial dispute which was taken before the Commission. The learned senior counsel has also referred to the agreement between DLF Power Company Ltd. (DPCL) and the Coal India Limited (CIL) and raised certain arguments based thereon.
5. For further arguments, post this case on 05th October 2023.
(Shree Chandrashekhar, J.) (Anubha Rawat Choudhary, J.) Saurav/Pankaj-