AIR 2004 SUPREME COURT 3090 ::2004 AIR SCW 2202 ::(2004) 1 WLC(SC)CVL 737 ::(2004) 16 IndLD 464 ::2005 (2) Civ LJ 752 ::2004 (10) SCC 511 ::(2004) 3 Scale 616 ::2004 (3) ACE 617 ::2004 (4) SLT 602 ::2004 (8) Supreme 920 ::(2004) 3 JT 600 (SC) ::2004 (3) JT 600

Supreme Court Of India

(From : 2001 (4) Andh LT 561)

Hon'ble Judge(s): Brijesh Kumar, Arun Kumar , JJ

(A) Andhra Pradesh Electricity Reforms Act (30 of 1998) , S.15, S.16— Company setting up plant for captive generation of power as a collective venture - Power consumed by participating industries i.e. shareholders - No licence required under A.P. Act - Nor required by concerns holding shares of company transferred to them by participating industries - However licence is required for sister concerns of participating industries, consuming power generated by the Company. Electricity (Supply) Act (54 of 1948) , S.26A— The Andhra Pradesh Gas Power Corporation Ltd. (APGPCL) is a company incorporated with the object of captive generation of power. According to the Memorandum of Understanding entered between the parties the Andhra Pradesh State Electricity Board @page-SC3091 (APSEB) had to have 26% share in the new company to come up viz. APGPCL, and the rest of the participating industries were to have different percentage of shares and the power so generated by the company was to be shared proportionately amongst the share holding participating industries and their sister concerns. The Central Electricity Authority is also said to have acceded to the request made to treat APGPCL as collective captive power generation company. After the commencement of the A.P. Electricity Reforms Act (1998), the question arose whether t....