West Bengal State Electricity ... vs Central Electricity Regulatory ... on 12 February, 2024
It does not stand to reason that an order passed at the interlocutory
stage of an appeal would bind the Court/Tribunal when the main appeal, (in
Page 376 of 387
which the interlocutory order was passed earlier), is finally heard. An
interim order is passed by a Court on a prima facie appraisal of the facts
and circumstances of a particular case, and an interim order cannot
therefore be regarded as a precedent. (Bharat Coking Coal Limited v.
Chandrama Hard Coke Mfg. Co., 2005 SCC OnLine Cal 398). In order to
constitute a binding precedent, the decision to that effect must lay down
some ratio and, in that view of the matter, mere interim orders need not be
followed as a precedent.