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Appeal No. 232 Of 2015 & Ia Nos. 380 & 381 Of 2015. Case: Open Access Users Association Vs Andhra Pradesh Electricity Regulatory Commission and Ors. Uttarakhand High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberAppeal No. 232 Of 2015 & Ia Nos. 380 & 381 Of 2015
CounselFor Appellant: Mr. Matrugupta Mishra, Adv. and For Respondents: Mr. K.V. Mohan and Mr. K.V. Balakrishnan, Advs.
JudgesMrs. Ranjana P. Desai, Chairperson And Mr. I.J. Kapoor, Technical Member
IssueElectricity Law
Judgement DateJuly 13, 2016
CourtUttarakhand High Court

Order:

The Appellant, Open Access Users Association, has challenged in this appeal Order dated 15/ 04/ 2015 passed by the Andhra Pradesh Electricity Regulatory Commission (" Andhra Commission ") in O.P. No.8 of 2015, whereby the Andhra Commission has fixed the surcharge and additional surcharge by applying embedded cost method. It is pointed out to us that while the Appellant, Open Access Users Association, has filed the present appeal agains t Order dated 15/ 04/ 2015 many individual parties had filed writ petitions before the High Court of Andhra Pradesh challenging the same order.

Admittedly, the Full Bench of this Tribunal by its Judgment dated 05/07/ 2007 in Appeal Nos.169, 170, 171, 172, of 2005 and 248 and 249 of 2006 (" the Full Bench Judgment ") held that the computation of cross subsidy surcharge for use of open access will be as per the formula given in the National Tariff Policy. The Andhra Commission had filed Civil Appeal No s.4936- 4941 of 2007 in the Supreme Court agai nst the Full Bench Judgment. On 05/ 05/ 2008 the Supreme Court issued notice and by interim order stayed the Full Bench Judgment. On 04/12/ 2009 the Supreme Court admitted the appeals.

We are informed that in the meantime West Bengal State Electricity Regulatory Commission also filed Civil Appeal against the Full Bench Judgment. On 02/04/ 2009, the Supreme Court dismissed the said appeal. Based on this order, Civil Appeal Nos.4936- 4941 of 2007 filed by...

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