WEST BENGAL ELECTRICITY REGULATORY COMMISSION versus HINDALCO INDUSTRIES LTD. & ORS.

WEST BENGAL ELECTRICITY REGULATORY COMMISSION versus HINDALCO INDUSTRIES LTD. & ORS.

Appeal not maintainable where respondent has not wheeled any energy and no charges were paid or payable; Tribunal failed to consider this maintainability point, requiring remission for decision afresh on all issues including maintainability.

Parties
Appellant: West Bengal Electricity Regulatory Commission; Appellant: Calcutta Electricity Supply Company Limited (CESC); Respondent No.1: Hindalco Industries Ltd.; Respondents: Others
Jurisdiction
India
Judgment Date
22 April 2010
Procedural Posture
Civil Appeal / Supreme Court Appeal From Appellate Tribunal for Electricity
Outcome
Appeals allowed; order of Tribunal set aside.
Legal Topics
Determination of Wheeling Charges, Maintainability of Appeal
Electricity Law Administrative Law Determination of Wheeling Charges Maintainability of Appeal

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Parties

West Bengal Electricity Regulatory Commission

Appellant

Calcutta Electricity Supply Company Limited (CESC)

Appellant

Hindalco Industries Ltd.

Respondent No.1

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Appellate Tribunal for Electricity

Legal Issues

  1. 1 Whether the appeal by Hindalco Industries Ltd. regarding determination of wheeling charges for 2005-2006 was maintainable when no energy was wheeled during that period
  2. 2 What is the correct methodology for determining wheeling charges under Electricity Act, 2003 and relevant regulations

Ratio Decidendi

Appeal not maintainable where respondent has not wheeled any energy and no charges were paid or payable; Tribunal failed to consider this maintainability point, requiring remission for decision afresh on all issues including maintainability.

Court Disposition

Appeals allowed; order of Tribunal set aside.

Orders

  • Matter remitted to Tribunal for fresh consideration of all issues including maintainability.
  • Tribunal directed to decide afresh in accordance with law, preferably within three months of receipt of certified copy.