Case: M/S Badri Kedar Paper Pvt.Ltd Vs. U.P.Electricity Regulatory Commn

2. Validity of an action of withdrawal of a circular letter dated 8.09.2000 issued by the U.P. Power Corporation Ltd. (Respondent No. 2 herein) was the subject matter of ten writ applications filed before the High Court. The said writ petitions were dismissed.The writ petitioners preferred appeals before us upon obtaining special leave. This Court in LML Ltd. v. State of Uttar Pradesh and Others [(2008) 3 SCC 128] allowed the appeals against the Corporation. The appellant before us is against the said common judgment of the High Court. In LML Ltd. (supra), this Court, inter alia,The proximity of issuance of the circular vis-à-vis notification must also be noticed. The tariff was framed on 7-8-2000 which came into force from 9-8-2000 whereas the Circular was issued on 8-9-2000. The consumers exercised their option on 31-10-2000. The judgment in LML1 was delivered on 25-4-2001. The Circular dated 31-8-2001 undoubtedly was issued in view of the said judgment. The said judgment did not deal with the questions raised before us. In any event if the licensee violates the tariff approved by the Commission appropriate legal action can be taken against it. But it would be too much to contend that for a mistake on the part of the Corporation, the consumers would suffer. In this view of the matter, we are of the considered view that the doctrine of estoppel shall apply in the cases where the promise was made. However, the principle of said doctrine would, however, not be applicable where no such promise was made."

Reasoning: In our opinion, the respondent No. 1 cannot be permitted to raise such a contention before us for the first time. Even otherwise in the affidavit, the appellant merely stated that even if a stay order is granted by the High Court, the six-monthly instalments would be paid regularly. Appellant had not contended that the writ petition would be withdrawn or even if the writ petition is allowed, it would not ask for refund of the amount deposited. It is neither in doubt nor in dispute that such an undertaking had to be given by the appellant only with a view to avoid disconnection of electrical energy. If by reason of the circular impugned before the High Court, the appellant was entitled to maintain a writ application; by reason of such representation, it did not waive itsLML Ltd. (supra), this Court proceeded on the basis that it was the Commission alone who had the exclusive jurisdiction to determine the tariff. In view of the provisions of the 1999 Act as also the regulations framed thereunder, as the law stands now, there cannot be any doubt or dispute that the Commission alone has the exclusive jurisdiction and even for the purpose of modification and/ or alteration of tariff, the Commission must becircular impugned before the High Court was undoubtedly issued pursuant to the judgment of the Division Bench of the Allahabad High Court but then whether having regard to the doctrine of promissory estoppel the same could have been withdrawn or not, further determination in that behalf was not