Electricity Regulatory Commission v. R. V. K. Energy Private Limited
2002-12-02
H.K.SEMA, Y.K.SABHARWAL
body2002
DigiLaw.ai
ORDER : Y.K. Sabharwal, J. The petitioners undertake to take steps to serve the unserved respondents within three weeks in SLPs (C) Nos. 20498 and 17381 of 2002. SLPs (C) Nos. 18172, 18183 and 17381 of 2002 2. Having heard the learned counsel for the parties we are of the view that matters require consideration. Accordingly we grant leave in all the SLPs. However, having regard to the questions involved regarding the supply of power, rate thereof and the allied matters, the appeals deserve to be heard early. We expedite the hearing and give parties liberty to mention the matters before the Honbl'e the Chief Justice of India. 3. As an ad hoc arrangement in terms of the order dated 11-10-2002, we directed that till further orders the power taken by Transmission Corporation of shall be paid for @ Rs 2.72 per unit and the difference between this rate and the rate to be calculated in terms of the order dated 8-10-2002 passed by the A.P. Electricity Regulatory Commission, Hyderabad shall be deposited in an interest-bearing account so that when the matters are heard appropriate directions can be passed. That order has been passed without prejudice to the rights and contentions of the parties. The said order would continue till the decision of these matters. From the submissions made on behalf of M/s LVS Power Ltd., it appears that some ad hoc agreement, without prejudice to the rights and contentions, will have to be entered into to facilitate the purchase and sale of electricity in terms of the order dated 11-10-2002. 4. We direct the A.P. Electricity Regulatory Commission to hear the representatives of both the parties so as to explore the possibility of an agreed ad hoc agreement for the working out of the sale of electricity in terms of order dated 11-10-2002. In case the Commission is unable to make parties agree, it shall pass an order requiring the parties to enter into such ad hoc agreement. In case of any difficulty the Commission is granted leave to seek directions from this Court. The ad hoc arrangement would be without prejudice to the rights and contentions of the parties in the same manner as is the order dated 11-10-2002. Subject to these directions, the impugned orders of the High Court are stayed. Let the directions be complied with within a period of three weeks. SLPs (C) Nos.
The ad hoc arrangement would be without prejudice to the rights and contentions of the parties in the same manner as is the order dated 11-10-2002. Subject to these directions, the impugned orders of the High Court are stayed. Let the directions be complied with within a period of three weeks. SLPs (C) Nos. 17153, 17310, 17551 and 20498 of 2002 5. Delay condoned in SLP (C) No. 20498 of 2002. Applications for permission to file additional documents granted. Leave granted in all these SLPs. 6. Mr Harish N. Salve, learned Senior Counsel appearing for Respondent 1 in the civil appeal arising out of SLP (C) No. 17310 of 2002 seeks certain directions against the State of. The State is not a party. Leave is granted to the respondent M/s Astha Power Corporation (P) Ltd. to file an appropriate application to implead the State of as party-respondent and seeking directions against the party to be impleaded. 7. In all matters counter-affidavit may be filed within two weeks, rejoinder within two weeks thereafter. Additional documents may be filed within four weeks. IA No. 2 for impleadment in civil appeal arising out of SLP (C) No. 18183 of 2002 shall be taken up along with the main matter. Court Masters