TATA YODOGAWA LTD Vs. B.S. ELECTRICITY

JUDGEMENT

(1.) IN these cases, the dispute raised relating to calculation of fuel surcharge, as circulated by the Bihar State Electricity Board (the Board), vide Circulars, as contained in letter No. 345 dated 11th July. 2000 and letter No. 428 dated 16th August, 2000.

(2.) THE fuel surcharge fixed, vide aforesaid letters are provisional and interim, in nature, the question of method of calculation and fixation of rate of fuel surcharge of the period is pending before the Supreme Court.

(3.) TO appreciate the stand of petitioners, it would be appropriate to refer the formula for computation of fuel surcharge, laid down in clause 16.10.3 of 1993 Tariff, as set out hereunder :