HARYANA VIDHYUT PRASARAN NIGAM LTD. Vs. HARYANA ELECTRICITY REGULATORY COMMISSION AND ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 12324 of 2016, Judgment Date: Dec 14, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 12324 OF 2016
                    [@CIVIL APPEAL D. NO. 32409 OF 2016]


      HARYANA VIDHYUT PRASARAN NIGAM LTD.          Appellant(s)

                                  VERSUS

      HARYANA ELECTRICITY REGULATORY
      COMMISSION AND ANR.                         Respondent(s)

                               J U D G M E N T

KURIAN, J.

1.    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.
      No costs.

                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                               [ ROHINTON FALI NARIMAN ]

      New Delhi;
      December 14, 2016.