109. According to Appellant, in spite of these directions of the Tribunal
and the Hon'ble Supreme Court, the Punjab State Commission has
taken a stand that issue regarding signing of FSA has been duly
considered by the State Commission in the impugned order, which is
totally false. To conclude like this, the State Commission relied on the
Order dated 03.07.2017 of this Tribunal in Appeal No. 36 of 2016. This
Appeal was filed by TSPL pertaining to TSPL's claim for coal washing
and associated charges which were withheld wrongly by PSPCL. The
Tribunal by Order dated 03.07.2017 disallowed the relief sought by
TSPL. However, this Order was struck down by the Hon'ble Supreme
Court by its Judgment dated 07.03.2018 wherein the Apex Court relied
upon the Judgment of Nabha Power Limited vs. PSPCL & Anr.
[(2018) 1 SCC 508] and allowed the claim of TSPL towards coal
washing and associated charges. The Hon'ble Supreme Court opined
that GCV as received at the TSPL project site needs to be considered
for calculating energy charges. When PSPCL failed to comply with the
Orders of the Hon'ble Supreme Court, a Contempt Petition came to be
filed against PSPCL.
In the case of Director of Settlements, A.P. vs.
M.R. Apparao, (2002) 4 SCC 638 at Para 7 it is explained. In the
opinion of the Hon'ble Supreme Court that is the principle found out
upon reading of a judgment as a whole with reference to questions
framed before the court forms the ratio, and not every particular word or
sentence. An Obiter Dicta is an observation by the court on a legal
question suggested in the case before it, but not arising in such manner
as to require a decision. Therefore, an Obiter Dicta cannot have a
binding precedent because such observation was not necessary for the
decision rendered. Therefore, the judgment of the Court has to be
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read in the context of questions, which arose for consideration in the
case in which the judgment was delivered.