M/S KARNATAKA POWER TRANS.CORP.LTD. Vs. M/S SOUTH INDIAN SUGAR MILLS ASS &ORS.

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

Appeal (Civil), 5429-5430 of 2007, Judgment Date: Jan 21, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOs. 5429-5430 OF 2007

M/S KARNATAKA POWER TRANS.CORP.LTD.                             Appellant(s)

                                VERSUS

M/S SOUTH INDIAN SUGAR MILLS ASS &ORS.                         Respondent(s)

                               J U D G M E N T

KURIAN, J.
Civil Appeal No. 5430 of 2007
1.    It has come out that the plant and machinery owned by  the  respondent
has already been sold in auction and, therefore, nothing  survives  in  this
appeal.
2.    Therefore,  this  appeal  is  disposed  of  as  having  been  rendered
infructuous,  in  view  of  the  intervening  developments.   However,   the
question of law is kept open.
3.    Needless to say, nothing further remains to be done by the  Commission
in this case.    There shall be no order as to costs.
Civil Appeal No. 5429 of 2007
4.    Having extensively heard the learned counsel for the appellant, we  do
not find any perversity in the order passed by the Appellate Tribunal.   The
Appellate Tribunal has only remanded the matters for  consideration  by  the
Karnataka Electricity Regulatory Commission.
5.    Though the  learned  counsel  for  the  appellant  has  taken  serious
objections as to the maintainability of the  cross  objections,  we  do  not
think it necessary in this case to go  into  those  aspects  since  we  have
already held that the order  passed  by  the  Appellate  Tribunal  does  not
suffer from any perversity.  Therefore, these objections are also  rejected.

6.    However, we clarify that the scope of remand shall be limited  to  the
co-generators only since they were the only  parties  before  the  Appellate
Tribunal.
7.    The civil appeal is disposed of as above.  There shall be no order  as
to costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


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

      New Delhi;
      January 21, 2016.