R.F.NARIMAN, J - (1.) Accordingly, carrying cost was allowed and the judgment of the Commission was set aside.
(2.) Shri G. Umapathy, learned Advocate, and Shri V. Giri, learned Senior Advocate, appearing for the appellants in these appeals have argued before us that the judgment of the Commission was correct and that since carrying costs are not part of the PPAs in question, any resort to rules of equity and interest being granted on rules of equity cannot be resorted to. For this purpose, they relied upon judgments of this Court. According to them, therefore, the finding of the Appellate Tribunal ought to be set aside.
(3.) On the other hand, Mr. Mukul Rohatgi, learned Senior Advocate appearing on behalf of the respondent, supported the Appellate Tribunal judgment and stated that the Appellate Tribunal has not gone outside the four corners of the PPA. Since Article 13.2, in particular, expressly provides a restitutionary principle, the respondents are entitled to avail of the same.;