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West Bengal Electricity Regulatory ... vs C.E.S.C. Ltd. Etc. Etc. on 3 October, 2002

2. On the face of the application we do not find any ground for review. However, it has been submitted by TRAI that "while the impugned direction of TRAI might possibly be faulted on account of use of the words `dispute' and `determination' therein, the powers of TRAI to intervene in an impending disconnection cannot be questioned." It is stated by TRAI that this submission is "based on and is reinforced by the relevant aspects of the Telecommunication Interconnection (Reference Interconnect Offer) Regulation 2002" and that these Regulations have been framed under Section 36 of the Act which are in the nature of delegated legislation having statutory force. It is also the submission of TRAI that the validity of the Regulations cannot be questioned by the Tribunal and in support of that it has cited a decision of the Supreme Court in West Bengal Electricity Regulatory Commission vs. C.E.S.C. Limited and others (AIR 2002 SC 3588). This judgment of the Supreme Court, in our view, hardly advances the case of TRAI.
Supreme Court of India Cites 70 - Cited by 86 - Full Document
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