M/S. ANJANEY FERRO ALLOYS LTD. VERSUS JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION AND ORS.

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

Appeal (Civil), 7383 of 2016, Judgment Date: Oct 26, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 7383 OF 2016


      M/S. ANJANEY FERRO ALLOYS LTD.                      APPELLANT

                                   VERSUS

      JHARKHAND STATE ELECTRICITY REGULATORY
      COMMISSION AND ORS.                               RESPONDENTS

                               J U D G M E N T

KURIAN, J.

1     On 17.08.2016, it was  recorded  on  the  submission  of  the  learned
counsel for the appellant that the State Commission had  not  taken  up  the
true-up issue for the last more  than  eight  years.  Therefore,  a  limited
notice on the above submission was issued.

2           The learned counsel for the Commission submits that the  true-up
issue has not been taken up by the Commission  on  account  of  pendency  of
Civil Appeal No. 4881 of 2010.  It is not in dispute that there is  no  stay
on the true-up issue in the said C.A. No. 4881 of 2010.

3           However, the learned counsel for the Commission submits that  in
case the said civil appeal is allowed, it may have some impact on the  true-
up issue in later years. We do not find  any  justification  for  the  above
apprehension.  The Commission should take up the true-up  issue  and  decide
it making the decision subject to the result  of  Civil  Appeal  No.4881  of
2010.

                                    - 2 -

4           Therefore, this appeal  is  disposed  of  with  a  direction  to
Respondent No.1 –Jharkhand State Electricity Regulatory Commission  to  take
up the true-up issue and pass the required orders within  a  period  of  six
months from today.

5           However, the Commission is free to make the decision subject  to
the result of Civil Appeal No. 4881 of 2010 in case the  said  civil  appeal
is not disposed of before the said period.

            No costs.

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


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

      NEW DELHI
      OCTOBER 26, 2016.