Kerala State Electricity Board Vs. Kerala Electricity Regulatory Commission and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/940591
CourtAppellate Tribunal for Electricity APTEL
Decided OnJan-15-2010
Case NumberReview Petition No. 01 of 2010 in Appeal No. 94 of 2008
JudgeM. KARPAGA VINAYAGAM, CHAIRPERSON & THE HONOURABLE MR. H.L. BAJAJ, TECHNICAL MEMBER
AppellantKerala State Electricity Board
RespondentKerala Electricity Regulatory Commission and Others
Advocates:Counsel for Appellant: Mr. M.G. Ramachandran, Advocate, Mr. M.T. George, Advocate, Counsel for Respondent.
Excerpt:
this application for the review has been taken out by the applicant/appellant in appeal no. 94 of 2008, on the ground that the judgment of this tribunal in appeal no. 94 of 2008 does not deal with the issue relating to the adjustment of electricity duty payable by kerala state electricity board under section 4 and section 3(1) of the kerala electricity duty act, 1963 to the government against the revenue gap of kseb when such electricity duty is not part of the revenues of kseb. we have heard the learned counsel for the applicant. a conjoint reading of paras 27, 28 and 29 would clarify that this tribunal has dealt with issue of both the electricity duties under section 3(1) and section 4 of the kerala electricity duty act and upheld the view of the commission with regard to the electricity duty payable under section 3 (1) of the kerala electricity duty act. in our view, there is no ground made out for review. with these observations, we dispose of the review petition no. 01 of 2010.
Judgment:

This application for the Review has been taken out by the applicant/Appellant in Appeal No. 94 of 2008, on the ground that the judgment of this Tribunal in Appeal No. 94 of 2008 does not deal with the issue relating to the adjustment of electricity duty payable by Kerala State Electricity Board under Section 4 and Section 3(1) of the Kerala Electricity Duty Act, 1963 to the Government against the revenue gap of KSEB when such electricity duty is not part of the revenues of KSEB.

We have heard the learned counsel for the Applicant. A conjoint reading of paras 27, 28 and 29 would clarify that this Tribunal has dealt with issue of both the electricity duties under Section 3(1) and Section 4 of the Kerala Electricity Duty Act and upheld the view of the Commission with regard to the electricity duty payable under Section 3 (1) of the Kerala Electricity Duty Act.

In our view, there is no ground made out for Review. With these observations, we dispose of the Review Petition No. 01 of 2010.