Execution Petition No.2 of 2015 & IA Nos. 466/15, 482/15, 483/15, 78/16, 79/16 and 119 of 2016in Appeal Nos.76 of 2013 and 82 of 2013. Case: Eastern India Powertech Ltd. Vs Assam Power Distribution Co. Ltd. and Ors.. Uttarakhand High Court
| Case Number | Execution Petition No.2 of 2015 & IA Nos. 466/15, 482/15, 483/15, 78/16, 79/16 and 119 of 2016in Appeal Nos.76 of 2013 and 82 of 2013 |
| Counsel | For Appellant: Mr. Manu Seshadri, Mr. Ajay Goyal, Mr. Abhishek Roy and Ms. Trishala Kulkarni, Advs. and For Respondents: Mr. S.B.Upadhyay, Sr. Adv. and Mr. Avijit Roy, Ms. Saki Jhakharia, Mr. H.M.Sharma, APDCLMr. Pragyan SharmaMr. Ravi KantMs. Prerna Priyadarshini for Intervenor. |
| Judges | Mr. Surendra Kumar, Judicial Member and Mr. T Munikrishnaiah, Technical Member |
| Issue | Electricity Law |
| Judgement Date | July 20, 2016 |
| Court | Uttarakhand High Court |
Order:
Review Petition No. 11 of 2016
Mr. Manu Seshadri learned counsel for the Review Petitioner/Decree Holder as well as Mr. S. B. Upadhyay, Sr. Advocate, Mr. Avijit Roy, Mr. Saki Jhakhari appearing for the main contesting respondent Nos. R.1 & R.2 along with Mr. Ravi Kant for R.4, appearing in Review Petition No.11 of 2016 (EP No.2 of 2015 in Appeal Nos. 76 of 2013 and 82 of 2013), seeking review of our order dated 18 th May, 2016, passed in EP No.2 of 2015 have been heard, on certain grounds which have been mentioned in the said Review Petition. objections have also been filed to the said Review Petition. We have also gone through our order dated 18 th May, 2016, passed in the aforesaid EP. Vide order dated 18 th May, 2016, we have passed the following order:
"O R D E R
15. In view of the above, we direct Assam Electricity Regulatory Commission to issue a notice to the rival parties to furnish the details of power injected from the date of commissioning to shutting down of the generating units into the grid of Assam Distribution Company, compute the actual amount due to EIPL after adjusting the payments made by APDCL and intimate the same for execution of the Petition No.2 of 2015, to this Tribunal with in two months from today positively. Post the Execution Petition for further orders on 20 th July, 2016."
2) The main apprehension of the Review Petitioner/Decree Holder is that the learned State Commission may, perhaps, not consider the observations made in paragraph 26 of the judgment dated 12 th August, 2014, passed by this Appellate Tribunal in the aforesaid appeals, being Appeal Nos. 76 of 2013 and 82 of 2013. Mr. S.B.Upadhyay, Sr. Advocate appearing for the main contesting respondents/judgment debtor clarified the position by saying that all the directions given in the judgment dated 12 th August, 2014 of this Appellate Tribunal shall be taken care of and same assurance is being given by the learned counsel appearing for the State Commission, which is Respondent No.4.
3) After hearing the parties and going through the matter in hand, we direct the Assam Electricity Regulatory Commission, respondent No.4, to compute the said amount in compliance of our interim order dated 18 th May, 2016, passed in EP...
To continue reading
Request your trial