Challenging the Division bench order of Madurai HC dated 28.9.2022 (Justice SS Sundar and justice S Srimathy )from refusing to restrain the TNERC from fixation of tariff order and from functioning without legal member and also challenging the Tarriff order dated 9.9.2022 issued by TNERC , the SLP filed by TN Spinning Mills Association was dismissed by Hon’ble SupremeCourt after hearing arguments of Senior Advocates KV Viswanathan for petitioner and Mr Mukil Rotagi , Abisheik Manushingvhi Senior Advocates appearing for State of TN and P. Wilson Senior Advocate appearing for TNERC. The DB of Madurai HC has confirmed the orders of single judge regarding the composition of bench of TNERC hearing tariff petition but However reversed the restraint order against TNERC not to pass tariff order till member legal is appointed to TNERC. The SupremeCourt comprising of Hon’ble Mr Justice Sanjay Kishan Kaul and Hon’ble Mr justice Abhay S Oka said that it’s not interfering with the orders of Division bench of Madras HC Madurai Bench and Tarriff order passed by TNERC and said the DB order is in line with its decision in State of Gujarat vs Utility users welfare association but however granted liberty to petitioners to challenge the tariff order dated 9.9.2022 known to law

[11/21, 12:57] Sekarreporter 1: 👍
[11/21, 12:57] Sekarreporter 1: Challenging the Division bench order of Madurai HC dated 28.9.2022 (Justice SS Sundar and justice S Srimathy )from refusing to restrain the TNERC from fixation of tariff order and from functioning without legal member and also challenging the Tarriff order dated 9.9.2022 issued by TNERC , the SLP filed by TN Spinning Mills Association was dismissed by Hon’ble SupremeCourt after hearing arguments of Senior Advocates KV Viswanathan for petitioner and Mr Mukil Rotagi , Abisheik Manushingvhi Senior Advocates appearing for State of TN and P. Wilson Senior Advocate appearing for TNERC.
The DB of Madurai HC has confirmed the orders of single judge regarding the composition of bench of TNERC hearing tariff petition but However reversed the restraint order against TNERC not to pass tariff order till member legal is appointed to TNERC.
The SupremeCourt comprising of Hon’ble Mr Justice Sanjay Kishan Kaul and Hon’ble Mr justice Abhay S Oka said that it’s not interfering with the orders of Division bench of Madras HC Madurai Bench and Tarriff order passed by TNERC and said the DB order is in line with its decision in State of Gujarat vs Utility users welfare association but however granted liberty to petitioners to challenge the tariff order dated 9.9.2022 known to law
Before appropriate forum.

Mr KV Viswanathan submitted that the Supreme Court in State of Gujarat vs Utility users welfare Association has held that member legal presence is mandatory in the composition of Regulatory commissions and that non presence of Member legal in TNERC vitiates Tariff order DT 9.9.222.

Mr Mukil Rotagi , Abisheik Manu Singhvi appearing for state and P. Wilson appearing for TNERC submitted that the Supreme Court in the said case has dealt about composition as a whole and composition of benches while hearing regulatory and adjudicatory matters where in former case the presence of Member Legal is not mandatory and latter it is mandatory.
It was submitted before the Hon’ble SupremeCourt that TN government has issued orders appointing Mr Justice Bharathidasan on 19.11.2022 as chairman of selection committee to select Member legal of TNERC and it was undertaken to complete the process with in 3 months from date specified by Hon’ble SupremeCourt in earlier round of litigation dated 14.10.2022.

The Learned judges were very particular that the member Legal of TNERC has to be appointed before the deadline given by the Hon’ble SupremeCourt by order dated 14.10.2022 in earlier round of litigations arising in the same matter.

By this order the Hon’ble SupremeCourt has reiterated that there is no requirement of presence of member legal in TNERC bench for tariff fixations as it falls under regulatory functions.

However in the case of performing adjudicatory functions ,the presence of member legal is mandatory in the TNERC bench.