- (1.) By this common judgment, we propose to dispose of all these appeals.
(2.) These appeals are directed against the judgment dated 30/03/2001 passed by the learned Single Judge of this Court. Broadly speaking, four issues arose for consideration in the writ petitions filed 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 H3 - so called or alleged non-compliance of the directions contained in the Division Bench judgment dated 26/06/2000. (ii) Issue relating to reflection of D3- 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 crores allegedly having accrued to the Board owing to the coming about of the some resolution, if any, between the Board and the Coal Companies. (iv) Issue relating to levy of fuel surcharge on non-consumed Units.
(3.) The Division Bench judgment dated 26/06/2000 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 8/12/2000 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.;