APTEL for Guj. Gas in Haldyn row
Gujarat Gas has won an Appellate Tribunal for Electricity (APTEL) ruling in its appeal against a PNGRB order directing it to break down the gas price it charges to Indo-German glass producer Haldyn Heinz Fine Glass.
"Viewed from any angle, we are satisfied that the PNGRB has erred in entertaining the subject complaint," says a 41-page order on April 19 (2023) from APTEL chair Justice Ramesh Ranganathan and member technical Ashutosh Karnatak. "And in calling upon the appellant (Gujarat Gas) to provide information which it was not obligated to do in terms of the GSA, as the Board lacks jurisdiction even to adjudicate upon and decide the dispute, much less compel the appellant (Gujarat Gas) to provide such a break-up to Haldyn Heinz."
APTEL concluded: "The appeal is allowed, and the (PNGRB) order is set aside." Gujarat Gas appealed to APTEL against the November 11 (2022) PNGRB order after Haldyn complained to the PNGRB on April 1 (2019) that Gujarat Gas was not providing a gas break-up in its fortnightly bills.
In its order, the PNGRB directed Gujarat Gas to disclose the gas price break-up and other charges, such as transmission charges, to Haldyn's glass factory at Jhagadia, within two months of the order date. In its objection, Gujarat Gas argued that Haldyn's complaint related to an area outside the PNGRB's jurisdiction.
"Section 25 of the PNGRB Act is not applicable," said Gujarat Gas. "Haldyn Heinz is seeking to bring a gas-pricing dispute within the PNGRB's jurisdiction."
But in its November 11 (2022) order, the PNGRB ruled for Haldyn, saying the gas customer (Haldyn) was only pressing for the break-up of gas prices, including 'transportation charges' and such relief could be sought through Section-22 of the PNGRB Act. But Gujarat Gas counsel Piyush Joshi argued that the PNGRB did not have powers to amend the terms of a concluded and performed contract.