RELIANCE INFRASTRUCTURE LIMITED Vs. TATA POWER COMPANY LIMITED
LAWS(ET)-2014-6-24
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on June 05,2014

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.)Reliance Infrastructure Ltd. -(Distribution) (Hereinafter 'Petitioner' or 'RInfra -D') has filed a Petition under affidavit on 1 November, 2013 for postponing the implementation of the Order dated 30 October, 2013 in Case No.85 of 2013 passed by the Commission till disposal of Appeal No.278 of 2013.
(2.)The Petitioner has made the following prayers in the Petition ;
" That this Hon'ble Commission may be pleased to postpone the implementation a. of the Order dated 30th October 2013 in Case No. 85 of 2013 passed by this Hon'ble Commission till disposal of Appeal No.278 of 2013. b. For such further reliefs as this Hon'ble Commission may deem fit."

(3.)The Petitioner in its Petition has submitted as under: -
(a) The Petitioner has filed an Appeal before the Hon'ble APTEL on 31 October, 2013 being Appeal No. 278 of 2013 against the Order of the Commission dated 30 October,2013 in Case No. 85 of 2013. An Interim Application No. 377 of 2013 has also been filed in the above said Appeal. The Appeal and IA were taken up for admission and consideration of interim relief by the Hon'ble ATPEL on 31 October, 2013 and Hon'ble APTEL has passed an Order dated 31 October, 2013 wherein Hon'ble APTEL has directed as under; "After hearing the parties, we are of the view that instead of granting stay of the Impugned Order, it would be better to direct the Appellant to approach the Commission to seek for the extension of time for the implementation of this impugned order. Accordingly ordered. The Learned Senior Counsel for the Applicant also submits that the Applicant will file the application for extension of time tomorrow itself before the State Commission. In view of the fact that the Appellant will approach the Commission seeking for extension of time, we deem it appropriate to direct that implementation of the Impugned Order be postponed till the order is passed by the State Commission in the Application for seeking extension of time to be filed by the Appellant tomorrow i.e. on 01.11.2013. The Commission may entertain the said application and consider the extension time for implementation and pass an order accordingly."

(b) In view of above circumstances the Petitioner has approached the Commission for postponement of the implementation of the Order dated 30 October, 2013 in Case No. 85 of 2013 passed by the Commission till disposal of Appeal No. 278 of 2013.



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