LAWS(APH)-2023-1-62

SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION

Decided On January 06, 2023
Southern Power Distribution Company Of Andhra Pradesh Limited Appellant
V/S
CENTRAL ELECTRICITY REGULATORY COMMISSION Respondents

JUDGEMENT

(1.) The petitioners pray for a Writ of Certiorari calling for records relating to the orders in petition No.176/MP/2019 dtd. 5/2/2020 passed by the 1st respondent holding that the 2nd respondent / NTPC has to pay safeguard duty and GST to the 3rd respondent and that the 2nd respondent is entitled to claim the said amount from the petitioner DISCOMs on back-to-back basis and quash the said order as illegal, arbitrary, discriminative and without jurisdiction and contrary to the provisions of the Electricity Act, 2003 and agreement entered into by the parties and pass such other order.

(2.) The factual matrix of the case in nut shell is thus:

(3.) The 2nd respondent filed counter and opposed the writ petition inter alia contending thus: