Appeal No.307 Of 2013. Case: Maithon Power Limited Vs 1. Delhi Electricity Regulatory Commission 2. Tata Power Delhi Distribution Ltd. 3. Tata Power Trading Company Limited. Uttarakhand High Court

Case NumberAppeal No.307 Of 2013
CounselFor Appellant: Mr. Sakya Singha Chaudhary, Mr. Avijeet Lala and Mr. Mazag Andrabi, Advs. and For Respondents: Mr. Nikhil Nayyar and Mr. Dhananjay, Advs. and Mr. Dushyant Manocha, Mr. Paresh Bihar Lal, Mr. Ajit Warrier, Mr. Manish Srivastava, Mr. K. Datta, Mr. Bhaskar Subramanian, Mr. Divij Kumar, Ms. Nayatana, Mr. Saurabh Gupta, Mr. Arav Kapoor...
JudgesMrs. Ranjana P. Desai, Chairperson and Mr. I.J. Kapoor, Technical Member
IssueElectricity Law
Judgement DateJuly 14, 2016
CourtUttarakhand High Court


Mrs. Ranjana P. Desai, Chairperson

  1. The Appellant has challenged O rder dated 17/09/2013 passed by the Delhi Electricity Regulatory Commission ( “the State Commission” ) in Petition No.01 of 2012 filed by the Appellant.

  2. In the impugned order, the State Commission has referred to Petition No.10 of 2012 filed by the Appellant against M/s . BSES Rajdhani Power Ltd. ( “BRPL” ) wherein the same issue regarding maintainability of the petition before the State Commission which was raised in Petiti on No.01 of 2012 was raised. The State Commission has observed that by order passed in Petition No.10 of 2012 it has held that the Central Commission is without doubt the final obiter in case of generating station with a composite scheme. The State Commi ssion has further observed that it does not propose to reproduce its full order in Petition No.10 of 2012 since the facts in both the petitions are substantially the same and the relief s sought by the petitioners in both the cases are also substantially th e same. The State Commission has therefore on the same reasoning which it has recorded in its order dated 10/9/2013 passed in Petition No.10 of 2012 directed the Appellant who is the petitioner therein to approach the Central Commission.

  3. We have...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT