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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. 5429-5430 OF 2007 M/S KARNATAKA POWER TRANS.CORP.LTD.          Appellant(s)

                               VERSUS M/S SOUTH INDIAN SUGAR MILLS ASS &ORS.       Respondent(s)

J U D G M E N T KURIAN, J. Civil Appeal No. 5430 of 2007 1. It  has  come  out  that  the  plant  and  machinery owned  by  the  respondent  has  already  been  sold  in auction  and,  therefore,  nothing  survives  in  this appeal.   2. Therefore, this appeal is disposed of as having been rendered infructuous, in view of the intervening developments.  However, the question of law is kept open.   3. Needless to say, nothing further remains to be done by the Commission in this case. There shall be no order as to costs.   Civil Appeal No. 5429 of 2007 4. Having extensively heard the learned counsel for the appellant, we do not find any perversity in the order  passed  by  the  Appellate  Tribunal.   The Appellate Tribunal has only remanded the matters for consideration by the Karnataka Electricity Regulatory

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Commission. 5. Though the learned counsel for the appellant has taken serious objections as to the maintainability of the cross objections, we do not think it necessary in this  case  to  go  into  those  aspects  since  we  have already held that the order passed by the Appellate Tribunal  does  not  suffer  from  any  perversity. Therefore, these objections are also rejected.   6. However,  we  clarify  that  the  scope  of  remand shall be limited to the co-generators only since they were the only parties before the Appellate Tribunal. 7. The civil appeal is disposed of as above.  There shall be no order as to costs.       

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; January 21, 2016.