ORDER
N. Prusty, J.
1. The appellant, Grid Corporation of Orissa Ltd., presently known as Orissa Power Transmission Corporation Ltd. (in short OPTCL), the respondent in petition No. 10 of 2000 before the Central Electricity Regulatory Commission-(in short CERC), has filed this appeal challenging the order dated 23.10.2000, whereby it was directed that “wheeling charges are payable by the petitioner (present respondent) to the respondent (present appellant) at the rate of 10 paise per K.W.H. with effect from 01.01.1998 as decided by the Central Electricity Authority (C.E.A.)” and this order was passed in consideration of the materials placed before the C.E.R.C. to the effect that the respondent (present appellant) had agreed to accept the wheeling charges determined by the C.E.A.. However, it was also made clear that this decision will not be applicable to the cases where the parties had themselves agreed on the price of wheeling charges payable. As it appears, this 10 paise towards wheeling charges per KWH shall remain operative from the period from 01.01.1998 to 31.03.2001 keeping in view the fact that the wheeling charges for the period beyond 31.03.2001 is subject matter of another appeal.
2. Admittedly, respondent/Madhya Pradesh Electricity Board presently known as Madhya Pradesh Power Trading Company Ltd. has not filed any appeal challenging the impugned order dated 23.10.2000 of CERC, New Delhi passed in Petition No. 10 of 2000. So far as Madhya Pradesh Power Trading Corporation Ltd. is concerned, this order has become final and shall remain in full force and effect. As such the main dispute which is to be considered in this case is as to whether the wheeling charges shall remain confined to 10 paise or to be enhanced to 17.5 paise per K.W.H. as is being claimed by the appellant/OPTCL.
3. Heard Mr. N.C. Panigrahi, learned senior advocate for the appellant/Orissa Power Transmission Corporation Ltd. (OPTCL) and Mr. Sakesh Kumar, along with Mr. S.K. Das, learned Counsel appearing on behalf of the respondent/Madhya Pradesh Electricity Board, presently known as Madhya Pradesh Power Trading Company Ltd.
4. Mr. Panigrahi, learned Senior Advocate categorically submits that prior to determination of the wheeling charge at the rate of 10 paise per KWH, the respondent had agreed to pay 17.5 paise per KWH as per the correspondences made between the parties and paid the same for a considerable period, to which Mr. Sakesh Kumar, learned Counsel for the respondent strongly objects.
5. On the other hand, Mr. Sakesh Kumar, learned Counsel on the other hand submits that there was no such agreement between both the parties with regard to fixation of wheeling charges at the rate of 17.5 paise per KWH.
6. Considering the submissions made by learned Counsel for both the parties, in my considered view, the pleadings of the respective parties as well as the supporting documents relating to the rival contention/claims raised by the learned Counsel for both the parties, have to be gone into in detail for arriving at a just conclusion/decision in the matter. While exercising its appellant jurisdiction, it may not be possible for this Court, to go beyond the materials already available on record and also it may not be possible to take a final decision in the matter relating to fixation of price of wheeling charges, keeping in view the rival contentions made by the learned Counsel for both the parties with regard to so-called agreements etc., which are disputed questions of fact. As such the Central Electricity Regulatory Commission (CERC), which is an expert body as regards the dispute in question, shall be the better forum/authority to decide the matter, after going through all these disputed questions of fact.
7. In view of the above, it will be just and proper to remit back the matter to the Central Electricity Regulatory Commission {CERC) for adjudication of the dispute with regard to determination of the price towards wheeling charges per KWH afresh, so that the matter can be finally decided there.
8. As such keeping in view the fact that Madhya Pradesh Power Trading Company Ltd. has not filed any appeal challenging the order dated 23.10.2000 in fixing the price of wheeling charges at the rate of 10 paise per KWH, order dated 23.10.2000 is set aside only for the purpose of reconsideration of the dispute to the extent:
as to whether the wheeling charges shall remain confined to 10 paise per KWH or it will be enhanced for a price may be up to 17.5 paise per KWH.
and accordingly the matter is remitted back to the C.E.R.C. for fresh adjudication and to take a final decision in the matter, by giving a chance of hearing to both the parties, on filing of their respective documents in support of their contention, at the time of hearing.
9. It is made clear that I have not gone into nor expressed any opinion on merits with regard to the relief claimed by the Orissa Power Transmission Corporation Ltd. (OPTCL). The matter shall be decided by the C.E.R.C. on its own merit, on the basis of the materials which are on record and which shall be produced by the learned Counsel for both the parties on the date of hearing.
Urgent certified copy of this order be granted on proper application.
