Dabhol Power Company Vs. Maharashtra State Electricity Board and ors. - Court Judgment

Excerpt:
civil - consent order passed - letter of credit not to be enforced - questions regarding enforceability of letter of credit are kept open - hindu succession act,1956[c.a.no.30/1956] -- section 8: [d.v. shylendra kumar, j] general rules of succession recognition of customary law - whether the customary practice prevalent in a community can prevail over the statutory provisions, particularly a customary practice of aliyasanthana can prevail over the provisions of section 8 of the hindu succession act 11956 and whether the parties by their conduct can start a custom afresh, though such custom was not prevalent earlier but sought to be followed by the act of the parties? held, if the customary law is already prevalent and the conduct of the parties is in consonance with the said customary..........on the pplication (case no. 3 of 2001) that has been made before it by the 1st respondent, maharashtra state electricity board. equally, during that time, the arbitration proceedings which have been commenced by the appellant-dabhol power company against respondent no. 1 shall not be proceeded with. till such time as this court disposes of the present appeal, the interim orders that have been passed by the commission upto date shallcontinue to operate.4. the letter of credit no. 39/1999 shall not be enforced until after six weeks of disposal of this appeal. all questions regarding the enforceability of the letter of credit no. 39 of 1999 are kept open and proceedings regarding the same will be adopted only after the final disposal of this appeal.5. this order is without prejudice.....

Judgment:
ORDER

1. Since copies of the impugned order is received only on 2nd/3rd May, 2003 let the same be placed on record.

2. The appellant is granted leave to amend the Memorandum of Appeal.

3. By consent of the parties the following order is passed:

Until such time as this Court hears and decides the present appeal, the Regulatory Commission, (2nd respondent) will not pass only further orders on the pplication (Case No. 3 of 2001) that has been made before it by the 1st respondent, Maharashtra State Electricity Board. Equally, during that time, the arbitration proceedings which have been commenced by the appellant-Dabhol Power Company against respondent No. 1 shall not be proceeded with. Till such time as this Court disposes of the present appeal, the interim orders that have been passed by the Commission upto date shallcontinue to operate.

4. The letter of Credit No. 39/1999 shall not be enforced until after six weeks of disposal of this appeal. All questions regarding the enforceability of the Letter of Credit No. 39 of 1999 are kept open and proceedings regarding the same will be adopted only after the final disposal of this appeal.

5. This order is without prejudice to the respective rights and contentions of the parties in this appeal.

6. List in the last week of July, 2003.