Case: L.M.L. Limited Vs. State Of U.P

Effect of two Circular letters issued by the U.P. Power Corporation Limited is involved in these appeals, which arise out of a judgment and order dated 25th April, 2001 of the High Court of Judicature at Allahabad in CMWP No.40692 of 2000 ; judgment and order dated 17th January, 2007 passed by the High Court of Uttaranchal at Nainital in WP No. 936 of 2001 and judgment & order dated 19th October, 2006 of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Appeal No.82 of 2002 etc.of Uttar Pradesh constituted Uttar Pradesh Electricity Board in terms of the provisions of the Electricity (Supply) Act, 1948. In the year 1999 Uttar Pradesh Electricity Reforms Act, 1999 (for short, the 1999 Act) was enacted, in terms whereof the U.P. Electricity Regulatory Commission (for short, the Commission) was constituted. Indisputably, three licensees, namely, (i) U.P. Power Corporation Ltd. (for short, UPPCL), (ii) Kanpur Electricity Supply Company (for short, KESCO); and (iii) NOIDA Power Company Ltd. (for short NPCL) filed applications before the Commission for determination of tariff.

Reasoning:
In view of the fact that several matters are pending before the Commission on question of independent feeder we need not express any opinion thereupon. If any appeal is pending before the Commission on the said question it would decide the same independent of the same irrespective of the result of this decision..We, therefore, without expressing any opinion on the said question, permit the appellants to agitate the same point before the Commission.