GLOBAL ENERGY LTD Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) LEAVE granted. INTRODUCTION

(2.) CONSTITUTIONAL validity of clauses (b) and (f) of Regulation 6A of the Central Electricity Regulatory Commission (Procedure, Terms and Conditions for Grant of Trading License and other related matters) (Amendment), Regulation 2006 (hereinafter referred to and called for the sake of brevity as "Amended Regulation") is the question involved herein. BACKGROUND FACTS

(3.) PURSUANT to or in furtherance of the said Act and the Regulations, the appellant No. 1 herein filed an application for grant of inter-State Trading License under Category 'A' before CERC on 23.3.2004. CERC published a notice as regards the said application filed by the appellant No. 1 for grant of inter-state Trading License in all editions of 'Indian Express', Financial Express' and a vernacular daily 'Jansatta'. Appellant No. 1 also filed an interlocutory application seeking permission to trade in the electricity pending final disposal of its petition for grant of inter-state trading license as it had been engaged in inter-state trading of electricity prior to the commencement of the said Act. By reason of an order dated 31.3.2004, the said application was allowed. Objections filed to the appellant No.1's application for grant of license pursuant to the aforementioned notice were also rejected by an order dated 30.6.2004.