9911796707
TMI Blog2011 (9) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent-National Thermal Power Corporation Limited for the period commencing from 1st April, 2001 to 31st March, 2004 and for some other periods. The tariff so determined was challenged by the respondent before the Appellate Tribunal for Electricity by filing several appeals. The said appeals and Review Petition were decided by different orders and all such orders have been challenged in the aforesaid appeals filed before this Court. Though, the issues involved are similar, for the sake of convenience, wherever facts have been referred to in this judgment, we have taken the same from Civil Appeal No. 5775 of 2007. 3. Thus, the main issue involved in all these appeals is with regard to determination of tariff for electricity generated an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mining tariff for the generation and sale of electricity from the Kawas Gas Power Station for the period commencing from 1st January, 1993 to 31st March, 1998. Thereafter, another Notification dated 21st December, 2000 was issued whereby it was directed that the conditions incorporated in notification dated 30th April, 1994 would continue to be applicable even for period commencing from 1st April, 1998 to 31st March, 2001. We are also concerned with determination of tariff for the aforestated period and for other periods in respect of some other plants of the respondent. 6. The tariff so determined was subject matter of the present litigation before the Central Commission and the Tribunal. The respondent was aggrieved by the determinatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also with regard to calculation of interest forming part of the tariff. 9. For the purpose of determining tariff for generation and sale of electricity by the generating stations of the respondent, cost can be broadly divided into fix charges and energy charges. It also contains the amount of interest paid on the capital employed as the capital employed in all electricity generating power plants is very huge. The issues with regard to determination of interest as well as capital are some of the most important issues which were decided by the Tribunal. 10. Upon hearing the learned counsel for the parties and upon perusal of the record, we find that several factual issues with regard to calculation of capital employed are involved in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Judges of the High Court, we think neither the High Court nor the Supreme Court would in reality be appropriate appellate forums in dealing with this type of factual and technical matters. Therefore, we recommend that the appellate power against an order of the State Commission under the 1998 Act should be conferred either on the Central Electricity Regulatory Commission or on a similar body. We notice that under the Telecom Regulatory Authority of India Act, 1997 in Chapter IV, a similar provision is made for an appeal to a Special Appellate Tribunal and thereafter a further appeal to the Supreme Court on questions of law only. We think a similar appellate provision may be considered to make the relief of appeal more effective. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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