BHASKHAR SHRACHI ALLOYS LTD. Vs. DAMODAR VALLEY CORPORATION, THE CHAIRMAN AND THE CHIEF ENGINEER (COMMERCIAL), DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) THE petitioner, Bhaskhar Shrachi Alloys Ltd. has filed this petition under Sections 142 and 149 of the Electricity Act, 2003 (referred to as "the 2003 Act") against Damodar Valley Corporation (referred to as 'DVC"), Chairman, DVC and Chief Engineer, (Commercial), DVC (the respondents herein), with the following prayers:

(2.) AFTER coming into force of the 2003 Act, the powers to fix tariff of the power component of tariff of DVC was vested in this Commission. DVC filed Petition No 66/2005, before this Commission for approval of tariff for its generation and transmission related activities. The Commission vide order dated 3.10.2006 granted exemption to DVC to charge its own tariff till 1.4.2006 and determined the tariff for the period 1.6.2009 till 31.3.2009. The order was challenged before the Appellate Tribunal for Electricity and the matter was remanded to the Commission vide judgment dated 23.11.2007. The Commission implemented the judgment of Appellate Tribunal and revised the tariff of DVC by its order dated 6.8.2009.

(3.) ACCORDING to the petitioner, the above deliberate acts and omissions on the part of the respondents constitute actionable wrongs in terms of Section 142 and 149 of the 2003 Act, and appropriate action be initiated against the respondents for contempt and violation of the following: