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The Andhra Pradesh Electricity Regulatory Commission entertained a Fuel Surcharge Adjustment (FSA) claim made by the Andhra Pradesh Power Co-ordination Committee on behalf of the four Distributing Companies (DISCOMS) in the State for the financial year 2008-09 and by its proceedings dated 05.06.2010 permitted them to levy FSA charges as indicated therein on all consumers, except LT agricultural consumers, for the four quarters of that financial year. The proceedings dated 05.06.2010 came to be challenged before this Court in a batch of writ petitions by aggrieved consumers.=Whether the Andhra Pradesh Power Co-ordination Committee constituted under G.O.Ms.No.59 dated 07.06.2005 has locus standi to file an application on behalf of the four Distributing Companies? 3) Whether the application filed by the Andhra Pradesh Power Co-ordination Committee on behalf of the Distributing Companies is barred by limitation? Whether the Andhra Pradesh Electricity Regulatory Commission has inherent power under Regulation 55 of the Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 to condone such delay? 4) Whether the Andhra Pradesh Electricity Regulatory Commission is obligated to comply with the principles of natural justice while passing the impugned order determining FSA?

THE HON’BLETHE CHIEF JUSTICE SHRI MADAN B.LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR   WRIT APPEAL NOS.858 OF 2011 AND BATCH   DATED 20TH JANUARY, 2012 BETWEEN   M/s.Jairaj Ispat Limited, Plot No.8, Phase-III, I.D.A., Jeedimetla, Hyderabad, Rep. by its Managing Director, S.K.Goenka and others. …Petitioners   And   A.P. Electricity Regulatory Commission, Rep. by its … Continue reading

the Andhra Pradesh Electricity Regulatory Commission has no power under Regulation 59 of the Business Regulations to enlarge the time stipulated in Regulation 45-B(4) thereof for the purpose of entertaining applications from the DISCOMS for determination of FSA. Such claims by the DISCOMS for the financial year 2008-09 are therefore hopelessly time barred.

THE HON’BLETHE CHIEF JUSTICE SHRI MADAN B.LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR   WRIT APPEAL NOS.858 OF 2011 AND BATCH   DATED 20TH JANUARY, 2012 BETWEEN M/s.Jairaj Ispat Limited, Plot No.8, Phase-III, I.D.A., Jeedimetla, Hyderabad, Rep. by its Managing Director, S.K.Goenka and others. …Petitioners And A.P. Electricity Regulatory Commission, Rep. by its Secretary, A.P. Singareni … Continue reading

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