- (1.) BY this common judgment, we propose to dispose of the these appeals.
(2.) THESE appeals are directed against the judgment dated 30th March, 2001 passed by the learned Single Judge of this Court. Broadly speaking, four issues arose for consideration in the writ petitions by the appellants -petitioners which resulted in passing the aforesaid Judgment. These four issues may be summarised as under : - - (i) - -Issue relating to deletion of H -3 - - so called or alleged non - compliance of the directions contained in the Divisions Bench judgment dated 26th June, 2000. (ii) - -Issue relating to reflection of D -3 - -And its repercussions. (iii) - -Whether the writ petitioners -consumers were entitled to be passed on the benefit with respect to fuel surcharge because of the alleged benefit of Rupees one hundred crore allegedly having accrued to the Board owing to the coming about of some resolution, if any, between the Board and the Coal Companies. (iv) Issue relating to levy of fuel surcharge on non -consumed Units. The Division Bench Judgment dated 26th June 2000 has admittedly been challenged in the Supreme Court by both the parties. Admittedly the Supreme Court has since granted leave and the, Appeals are stated to be pending for hearing there. Our attention was invited to various orders passed by the Supreme Court, specially the order dated 8th December, 2000 whereby their Lordships of the Supreme Court were pleased not to grant any interim order in the Special Leave petitions (converted into appeals) filed by the Board and the consumers as well.
(3.) THE net result is that even though the Division Bench judgment dated 26th June, 2000 has been challenged in the Supreme Court, the Supreme Court has granted the Special leave and appeals are pending, the operation, implementation and execution of the Division Bench judgment has not been stayed by the Supreme Court. Actually one can say that the Supreme Court has declined to pass any such stay order.;