Shah J. - (1.) Leave granted.
(2.) Appellant-Punjab State Electricity Board and other States Electricity Board have filed these appeals against the impugned judgment and order dated 7th March, 2001 passed by the High Court of Delhi in Civil Miscellaneous No. 232 of 2001 in FAO No. 131 of 2001. FAO No. 159 of 2000 and FAO No. 88 of 2001.
(3.) The Central Electricity Regulatory Commission (hereinafter referred to as "the Commission"), constituted under the Electricity Regulatory Commissions Act, 1998 (hereinafter referred to as "the Act") by its order dated 21-12-2000 has fixed the norms for tariff for hydro generation and inter-state transmission. That order was challenged by the respondent-National Thermal Power Corporation Limited (hereinafter referred to as the "NTPC") by filing FAO No. 159 of 2000 under Section 16 of the Act before the High Court of Delhi. The High Court by its interim order has virtually stayed the operation of the impugned order by laying down certain conditions and by observing that it appears desirable that all the directions issued by the Commission shall be observed to charge tariff on the basis of the pre-existing norms. It was also observed that the NTPC shall continue to charge tariff on the basis of pre-existing norms only so long as the arrears up to 31st March, 2001 due against different respondents mainly State Electricity Board are not adjusted and the moment the arrears of NTPC stand paid, the concerned State Electricity Board and all concerned respondents shall be entitled to move the Court for fresh consideration. The Court also observed that it was just an interim order and after the group for formulating the Tariff Policy takes a decision, the Court shall be informed about the decision taken by the group for formulating the tariff policy and the party shall be entitled to be heard afresh. These interim directions are challenged by the Punjab State Electricity Board (PSEB).;