M/S. DLF POWER LIMITED versus CENTRAL COALFIELDS LTD. & ANR

M/S. DLF POWER LIMITED versus CENTRAL COALFIELDS LTD. & ANR

In the interest of parties, any challenge to the report determining capital cost and tariff is to be made before the Appellate Tribunal, which shall consider the appeal without the limitation issue and decide all questions on merit.

Parties
Appellant: DLF Power Limited; Respondent No. 1: Central Coalfields Ltd.
Jurisdiction
India
Judgment Date
01 April 2009
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeals disposed of
Legal Topics
Tariff Fixation, Capital Cost Determination, Appellate Procedure
Electricity Law Tariff Fixation Capital Cost Determination Appellate Procedure

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Parties

DLF Power Limited

Appellant

Central Coalfields Ltd.

Respondent No. 1

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the determination of actual capital cost and fixation of tariff was done properly as per the Power Purchase Agreement
  2. 2 Whether parties had an adequate opportunity to present their objections regarding determination of capital cost
  3. 3 Whether the report of M/s. Ernst & Young was appropriately considered by the State Commission

Ratio Decidendi

In the interest of parties, any challenge to the report determining capital cost and tariff is to be made before the Appellate Tribunal, which shall consider the appeal without the limitation issue and decide all questions on merit.

Court Disposition

Appeals disposed of

Orders

  • If CCL files appeal within four weeks from today, it shall be considered by the Appellate Tribunal for Electricity in accordance with law.
  • Appellate Tribunal requested to dispose of appeal on merits within two months from the date of filing.