FLYING PAPER INDUSTRIES, LTD. vs FEDERATION OF PAKISTAN through Ministry of Energy, Power Division, Pak Secret

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FLYING PAPER INDUSTRIES, LTD. VS FEDERATION OF PAKISTAN through Ministry of Energy, Power Division, Pak Secretariat Islamabad Ss. 3 & 12-G(6)---appeal---Maintainability---Fuel Price adjustment (FPa) and Quarterly Tariff adjustment (QTa)---Determinations---appellants were end-users of electricity and were aggrieved of Determinations of FPa as well as QTa---Plea raised by appellants was that while setting aside Determinations, Tribunal did not set aside the notifications of those Determinations---appellants raised further plea that since Determinations, which led to the notifications, were set aside, no FPa and QTa could be demanded on the basis thereof---Validity---Determinations in question of FPa and QTa had economic impact and/or implications---No vacuum could exist in so far as charges in question were concerned---Determinations in question were set aside, but the notification based on them, should hold the field till such time that new Determinations were made and notified---after Determinations were made, relevant adjustments could always be made and notified accordingly and in case National Electric Power Regulatory authority / Federal Government was to refund amount to users, this could be done or vice versa---Tribunal ordered fresh Determinations to be made, which naturally would be done, after inviting public objections and such proceedings would be open---No prejudice would be caused to appellants or any member of the public inasmuch as they could voice their grievance before National Electric Power Regulatory authority prior to determination of FPa and QTa---Supreme Court while setting aside decision of another High Court had remanded the matter purely on the same principles---High Court declined to interfere in judgment passed by Tribunal as the same did not suffer from any material error of law or fact warranting interference---appeal was dismissed accordingly.

FLYING PAPER INDUSTRIES, LTD. vs FEDERATION OF PAKISTAN through Ministry of Energy, Power Division, Pak Secretariat Islamabad Ss — 2024 CLC 1604 ISLAMABAD

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