Case No: Civil Appeal No. 12324 of 2016 (@Civil Appeal D. No. 32409 of 2016).
Date of Decision: Dec. 14, 2016
Acts Referred: Electricity Act, 2003 - Section 63
Citation: (2017) 1 Scale 512
Hon'ble Judges: Kurian Joseph and Rohinton Fali Nariman, JJ.
Bench: Division Bench
Advocate: Dr. Aniruddha Rajput, Yashraj Bundela, Karunakar Mahalik, Advocates, for the Appellants; Dr. A. M. Singhvi, Sr. Adv., Mahesh Agarwal, Rishi Agrawala, Sunil Kumar Mittal, Manu Sahni, Abhinav Agrawal, Rishabh Parikh, Vikrant Pachnanda, E.C. Agrawala, Advocates, for the Respondents
Final Decision: Disposed Of
Kurian, J. - Delay condoned.
2. It is seen that the APTEL has left the issue regarding impact on tariff under Section 63 of the Electricity Act, 2003 to be decided by the Arbitral
Tribunal.
3. We make it clear that the Tribunal will take an independent decision, uninfluenced by any of the observations and findings in the impugned
Judgment.
4. The Arbitral Tribunal is directed to decide the impact on tariff as a preliminary issue.
5. In view of the above, the appeal is disposed of.
6. No costs.