4. Appeal No.104 of 2012 is in respect of Distribution Business.
This Appeal is directed against the impugned order dated
14.2.2012 passed ... against the Impugned Order dated 14.2.2012.
Page | 3
Appeal No104, 105 and 106 of 2012
7. Though the Impugned Orders are different
case any rules are framed, the powers so conferred on authority could be exercised in accordance with the rules. But if no rules are framed ... inviting the objections or suggestions following the procedure prescribed under the Electricity (Procedure for Previous Publication) Rules, 2005, and shall be finalized after considering such
application of the appellant dated 4.5.2010 under Order 6 Rule 17of
the CPC seeking for amendment of the petition filed before ... purported to have been done
or taken including any rule, notification, inspection, order or notice
made or issued or any appointment, confirmation or declaration
referred to as the "Act")
against the Order dated 30.3.2015 ("Impugned Order") passed by
the Gujarat Electricity Regulatory Commission (hereinafter ... SCALE 173, Energy
Watchdog v. CERC 2017 (4) SCALE 580, PTC India Ltd. v
CERC (2010) 4 SCC 603 etc. and judgement of this Tribunal
Appellant/TSPL") challenging the
4
legality, validity and propriety of the order dated 21.12.2018 in Petition No.
44 of 2017 passed by Punjab ... under the
amended Rules.
(v) They further contend that the reference by CPC B to
Amendment Rules is not a conclusion
noted here that in some of these appeals, order dated
15/4/2013 passed by the Central Commission is under
challenge and in some ... them, orders dated 15/4/2013 and
21/2/2014 passed by the Central Commission are under
challenge.
Page 32 of 486
Full Bench
captive
generating plants in accordance with Rule 3 of the Electricity Rules,
2005 (the "Rules").
ii The aforesaid Circulars were challenged by various ... amend Rule 3 of the Electricity Rules, 2005, by stepping onto the
legislative domain, under the garb of a judicial order, which cannot
National Tariff Policy.
Therefore, the impugned order promotes the object of the
Act/Rules and the purpose it serves. It would be impossible ... has created an anomaly because as per Rule 3
(1)(a)(ii) of the Electricity Rules, 2005 the captive status is to be
determined
4
(2010) 4 SCC 603
5
(2011) 11 SCC 34
Page 26 of 154
Appeal Nos.198, 199, 200, 291/14
and not by orders ... statute. Procedure
relating to tariff order under Section 64 or the power to
amend the tariff under Section 62(4) has to be carried
been filed by the
TPC and others as against the impugned order.
4. In order to appreciate the circumstances giving rise ... Court of India dated July 8, 2008
in Civil Appeal No. 2898 of 2006 with Civil Appeal
Page 25 of 114
Appeal
