A.P. Electricity Regulatory Commission Vs. R.V.K. Energy Pvt. Ltd. and anr.

Decided On : May-16-2008

Court : Supreme Court of India

LAW: a Division Bench, Section 3, the Indian Electricity Act, Section 18A(a, the Wheeling Agreement, The Electricity Reforms Act, Section 14, Section 15 of the Act, Section 21, a Wheeling Agreement, Section 3 of Electricity (Supply) Act, Section 21(4, Section 18-A(2, Power Purchase Agreement, Section 14, Section 14(4, the Reform Act, the Wheeling Agreement, Section 16, the Reform Act, the Wheeling Agreement, Section 26, Section 15, Section 16, the Reform Act, the Reform Act, Section 39, the Reform Act, Section 43A, Section 28, Section 43A, the Wheeling Agreement, Section 26, the Reform Act, Section 15, Section 16, the Reform Act, the Reform Act, Section 39, the Reform Act, the Reform Act, Section 43A, the Indian Electricity Act, Section 3 of 1910 Act, Section 28 of the 1910 Act, Section 3, Section 28 of 1910, Section 2(b, the Companies Act, Central Act 1 of 1956, Section 13, Section 3.69, Section 2(e, Section 14 of the Act, Section 3 of 1998 Act, Section 11, Section 12, Section 13, Section 14, the Electricity (Supply) Act, Section 15 of 1998 Act, Section 16 of 1998 Act, Section 17 of 1998 Act, Section 21, Indian Electricity Act, Section 10, Section 10 - Duties, Section 42, Section 14 of 2003 Act, Section 3 and 28, Section 43A, Section 12, Section 11, Section 21, Section 39 of 1998 Act, Section 28 of 1910 Act, Section 43A, Section 14, Section 11, Section 21(4, Section 12, Section 28 of 1910 Act and Section 43A(1)(c, Section 12, Section 11, Section 17, Section 43A of 1948 Act, Section 10(2, the Electricity Act, Section 16 of 1998 Act, Section 11, Section 11, Section 12, Section 11, Section 41(1, Section 41(1, the Essential Commodities Act, Section 28 of 1910 Act, Section 14 of 1998 Act, Section 2(h, the Indian Electricity Act, the Reform Act, the Indian Electricity Act, the Reform Act, Section 14, the Reform Act, Section 14 of the Reform Act, Section 37(1, Section 33, the Reform Act, Section 2(h, the Indian Electricity Act, the Reform Act, the Reform Act, Chapter VI, Chapter VI, the Electricity (Supply) Act, the Reform Act, Section 37, Section 33, the Reform Act, Section 14, Section 14, Section 3, Section 11, Section 11, Chapter V of the Act, Section 12, Section 13, Section 15 of this Act, the Indian Electricity Act, Section 14, Section 21

ORG: S.B. Sinha, the Andhra Pradesh Electricity Reforms Act, the Andhra Pradesh Electricity Regulatory Commission, Commission, the Andhra Pradesh High Court.2, the State of Andhra Pradesh, the Electricity (Supply) Act, the State of Andhra, MW, the State Government, Central Electricity Authority's, State, MW, interruption.7, MPP, crores.10, Andhra Pradesh State Electricity Board's, Andhra Pradesh State Electricity Board, the Andhra Pradesh State Electricity Board, Mini Power Plant, the Andhra Pradesh State Electricity Board, the Andhra Pradesh State Electricity Board, The Andhra Pradesh State Electricity Board, the Mini Power Plant, Andhra Pradesh State Electricity Board's, the Mini Power Plant, the Andhra Pradesh State Electricity Board, Electricity Board, Central, State Electricity Enterprises, Board, The Government of Andhra Pradesh, State, Commission, LVS Power Ltd., MW, APT, LVS Power Ltd., the State Government, Clauses 1 and 4, MPP, EPC, the A.P. State Electricity Board, the A.P. State Electricity Board, the A.P. State Electricity, Hindustan Shipyard Ltd., KVA2, Hindustan Zinc Ltd., Essar Steels Ltd., KVA4, Andhra Cements Ltd., the State of Andhra, MPP, LSHS/Furnace Oil/Naptha, MPP, the Government of Andhra Pradesh, MPP, Wheeling Agreement, Parliament, The State of Andhra Pradesh, Andhra Pradesh Electricity Regulatory Commission, Commission, Company, Commission, Commission, Commission, Commission, Central Government's, Commission, State, Commission, APSEB, APSEB, Commission, the Andhra Pradesh State Electricity Board, Transmission and Distribution, The Government of Andhra Pradesh, APTRNASCO, Commission, Commission, GBR Projects Ltd., O.P. No, Astha Power Corporation Pvt. Ltd., Commission, State, Commission, MPP, Commission, Government of India Notifications, Commission, Commission, APTRNASCO, APT, directed:(22, Commission, Central Government Notifications, Commission, Commission, Commission, Commission, APTRANSO, Commission, the Commission the Company, the Central Electricity Authority, APTRANSCO, APTRANSCO, the Government of Andhra Pradesh, Commission, Commission, Commission, Commission, the Government of Andhra Pradesh, Commission, Commission, Commission, M/s. LVS Power Limited, Commission, Project, Authority, Commission, the Government of Andhra Pradesh, APTRANSCO, Commission, Commission, APTRANSCO, The Government of Andhra Pradesh, the Central Electricity Authority, the Central Electricity Authority, CEA, 28.1.2002 & 4.2.2002, Mini Power Plants, MPP, LVS, MW, MW, MW, APTRANSCO, MW, CEA, LVS, CEA, TEC, MW, APTRANSCO, Commission, State, Commission, Company, Commission, APERC, LVS, APTRANSCO, APTRANSCO, CE, APTRANSCO, LVS, Commission, LVS Power, Commission, LVS Power, Commission, Commission, Commission, LVS, Commission, the A.P. Electricity Reform Act, the High Court, Commission, the A.P. Electricity Regulatory Commission, State, Commission, Central Electricity Authority, APTRANSCO, Power Purchase Agreement, Court, Commission, Industrial Development Bank of India, Commission, APTRANSCO, APTRANSCO, Commission, the Electricity (Supply) Act, Commission, Commission, Court, the A.P. State Electricity Regulatory Commission, Wheeling Charges, Court, Court, Court, Court, RVK Energy Pvt. Ltd., MW, APT, the State Government, RVK Ltd., the State of Andhra Pradesh, the State Government, State, RVK, Residual Fuel to Natural Gas, the Andhra Pradesh Electricity Regulatory Commission, APERC, RVK Pvt. Ltd., Indian Cements Ltd., Agreement, RVK, the Power Wheeling Agreement with APTRANSCO, RVK Pvt. Ltd., APERC, the Power Purchase, RVK Pvt. Ltd., RVK, APERC, APERC, RVK Pvt. Ltd., APERC, APERC, RVK, APERC, the Power Purchase, RVK, APTRANSCO, RVK, MW, APTRANSCO, RVK, RVK, RVK, APERC, APERC, RVK, RVK, Power Purchase, Super Spinnings/Precott, Super Spinnings/Precott Mills, the Power Wheeling Agreement, RVK, RVK, APERC, the Gas Authority of India, RVK, APERC, APERC, RVK, Power Purchase, Super Nagarjuna Agro-Tech, Power Purchase, RVK, RVK, APERC, RVK, APERC, RVK, RVK, the Andhra Pradesh High Court, the High Court, APERC, the High Court, the State Government, Astha Power Corporation Pvt. Ltd., MW, Balanagar, APT, Astha Power Pvt. Ltd., consumers.47, the State Government, Astha Power Pvt. Ltd., APERC, APERC, Commission, the Power Purchase, Astha Pvt, the Power Purchase, Astha, APTRANSCO, Astha, MW, APTRANSCO, RVK, Astha, APERC, APERC, APERC.51, Astha, APERC, Sections 15 & 16, APERC, APERC, Astha, Astha, the Andhra Pradesh High Court, APERC, Astha, the High Court, Commission, The High Court, Parliament, State, Authority, Parliament, the Electricity (Supply) Act, State, The State of Andhra Pradesh, Electricity Regulatory Commission, the Electricity Industry, the Electricity Industry, Transmission Corporation of Andhra Pradesh Limited, the Andhra Pradesh Electricity Regulation Commission, Commission, Clauses, customers.72, the State Government, State, the State Government, Commission, APTRANSCO, Commission, Parliament, The Regulatory Commission, State, Commission, the State of Andhra Pradesh, MPP, The Government of Andhra Pradesh, APTRANSCO, the High Court, Commission, APTRANSCO, Commission, APTRANSCO, Commission, APTRANSCO, the Andhra Pradesh High Court, High Court, the State of Andhra Pradesh, Commission, Commission, APTRANSCO, Commission, High Court, The High Court, the High Court, Commission, Court, C.E.S.C. Ltd., Commission, Commission, APTRANSCO, it5, Commission, LVS Power, Commission, Commission, Commission, L V. 8) The Commission, LVS Power, Commission, APTRANSCO, APTRANSCO, Commission, Commission, APT, Commission, the High Court, The Government of Andhra Pradesh, Central Electricity Authority, Commission, APTRANSCO, Commission, Commission, Commission, Commission, State, Commission, Commission, Astha Power, State, Commission, State, Commission, Commission, the High Court, Commission, Sections, the Central Government, the Electricity (Removal of Difficulties, State, APTRANSCO the Commission, State, the State Electricity Board, State, Commission, State, Commission, State, Commission, Commission, Commission, the Andhra Pradesh High Court.94, State, Commission, State, Commission, Commission, State, Advanced Law Lexicon, 3rd edition, State of Tripura and Ors, Court, State, the State of Tripura, Court, Jiyajeerao Cotton Mills Ltd., Madhya Pradesh Electricity Board, Court, Jiyajeerao Cotton Mills Ltd., Madhya Pradesh Electricity Board, Court, Court, Talcher Regulated Market Committee, Court, State, Commission, Commission, APTRANSCO, Wheeling Agreement, the State Government, Commission, Commission, State, Commission, APTRANSCO, the Legislature of the State, the State Government, the State Government, Commission, Reliance, Andhra Pradesh Gas Power Corporation Ltd., Andhra Pradesh State Regulatory Commission, Corporation of Orissa Ltd., Indian Charge Chrome Ltd., the Regulatory Commission, the High Court, ICCL, Sections, The High Court, ICCL, The High Court, ICCL, the State Authority, ICCL, the High Court, ICCL, the Orissa Government, the Captive Power Plant at Choudwar, the Captive Power Plant, OSEB, MOU, ICCL, OSEB, GRIDCO, OSEB, MOU, GRIDCO, GRIDCO, ICCL, ICCL, ICCL, GRIDCO.Chapter VI, State, ICCL, OSEB, GRIDCO, GRIDCO, ICCL, Grid Corporation of Orissa Ltd., Commission, Commission, APTRNASCO, Commission, APTRANSCO alone.112, Commission, Commission, Wheeling Agreement, APTRANSCO, Commission, LVS Powers Ltd., LVS Powers Ltd., APTRNASCO, LVS Power Ltd., Hindustan Shipyard Ltd., Hindustan Zinc Ltd., Essar Steels Ltd., Andhra Cements Ltd., the State of Andra Pradesh, Commission, the State Electricity Board, APTRANSCO, APSEB Engineers' Association, Engineers' Association, APSEB, Commission, LVS Power Ltd., LVS, the State of Andhra Pradesh, Commission, Commission, Government, Government, Commission, Commission, Government of India, APTRANSCO, Commission, Commission, APTRANSCO.122, Commission, APTRANSCO, CEA, CEA, LVS Powers Ltd., CEA, VCTotalWith FE, ROE, GoAP.123, the Government of Andhra Pradesh, MPP, MPP, State, APERC, APERC, APERC, APTRANSCO, Commission, M/s. LVS Power Ltd., APERC, APTRANSCO, M/s. LVS Power Ltd., APERC Order, ref, LVS Power Ltd., APERC, APERC, APERC, APERC, M/s. LVS Limited, Commission, Commission, Commissions, APTRANSCO, LVS, the Government of Andhra Pradesh, Commission, Commission, State, the Central Electricity Authority, Commission, The Government of Andhra Pradesh, State, Commission, Central Electricity Authority, CEA, TEC, MW, The Government of Andhra Pradesh, Commission, Commission, inter alia, APTRANSCO, NTPC Eastern Region Power, Central Generating, APTRANSCO, Commission, LVS, Commission, Commission, State, Commission, Commission, Commission, the Government of Andhra Pradesh, State, Commission, Commission, the State Government, State, State, Commission, APTRNASCO, APTRNASCO, the Andhra Pradesh State Electricity Board, the Electricity (Supply) Act, Commission, APTRNASCO, Southern Petrochemical Industries Co. Ltd., ETIO, State, State, Court, Commission, LVS Powers, the High Court, Commission, Commission, LVS Power, Court, Court, Court, the High Court, Commission, Commission, Commission, Commission, Court

NORP: J.1, DISCOMS

DATE: 1998, 1948, 1948, August, 1995, 29th November, August, 1985, 12-18 months, 29th November, 1995, 1910, monthly, monthly, the end of December 2000 AD, 200213, 24th July, 1996, 3 months, 20th October, 1997, 18th May, 1999, 21st August, 2001, the year 1998, 1998, about 23rd January, 18th May, 2000, four months, June, 2000, 18th May, 2000, March, 2001, July, 2001, 4th May, 2001, 25th February, 1999, month, about 18th May, 2001, 17th August, 2001, 18th August, 2001, 24th August, 2001, 18th October, 2001, 30th November, 2001, the end of February, 2001, 9th November, 2001, November, 2001, about 26th November, 2001, the end of January, 2002, 3rd December, 2001, 27th December, 2001, 31st January, 2001, February, 26th February, 2002, 1948, 15.2.2002, Para 6, July, 1996, 9.7.1997, July, 1996, January, 1999, 6th February, 2002, 7th February, 2002, 22nd February, 2002, 22nd March, 2002, 23rd April, 2002, 23rd April, 2002, 1998, 18-8- 2001, 1948, 200238, 29.2.96, 1.2.99, 23.2.99, 6.5.99, 1999, 14.10.1999, 9.12.1999, 1948, 2002 46, 9.12.1995, 1948, 12.11.1996, 19.8.1999, 10.9.1999, 23.10.1999, 29.11.1995, 1948, the year 1948, 1948, 1956, 1948, 2003, 1998, 1995, 1998, 4th May, 2001, 1998, 18th August, 2001, 26th November, 2001, 1998, 2005, 2003, 1998, 29th February, 1996, 1998, 1998, 4026, 1955, 1998, 1998, 1910, 1995, 1910, 1995, 1995, 1995, 1989, 1994, 1994, 1995, 1910, 1995, 1948, 24th July, 1996, 4th May, 2001, 30th April, 30th March, 1992, about 25th February, 1999, 4th May, 2001, 17th August, 2001, year, September, 2001, the next three, November, 2001, 31.10.2001.125, 30th November, 2001, 3rd December, 2001, two months i.e., 30.11.2001, 27th December, 2001, February 2002, 26th February, 2002, 11th April, 2002, 23rd April, 2002, 1998, 1910, 1948, 11th October, 2002, 2nd December, 2002, one year

CARDINAL: 30, two, 116, 152, 1995.4, 100, 116, 30, 250, 152, 6, 8, 31, 37.8, 100, 6,000, 22,000, 40,000, 13, 2000.20, 133, fifteen, 31, only 19, one, 152, 14, 2,000, 20, 2/1999, 348/2000, eight, 18, eight, 23, eight, 4.6.2001, 125, 125, 1, 2, 3, 31.10.2001, 30.11.2001, 125, 2002.33, 29.12.2001, 15.2.2002, 29.11.1995, 100, 250, 250, 55, 46.08, 37.8, 11.4.2001, 100, 250, 125.23, 2, 18.9, 3.62, 3.8, four, 70, 23, about 104, about rupees, 8, 69, 32.7, 5.12.98, 2.4.99, 10.9.99, 20.9.99, 2, 10.9.99, 22.9.99, 24.9.1999, 20.9.1999, 20.31, 152, 29.11.95, 10.12.99, 2.40, 3.1.2000, 10.2.2000, 28.3.2000, 31.3.2000, 116, 152, 8.6.2001, 8101, 28.7, about 28, 152, 23.12.1999, 18.4.2000, 1.7.2000, 116, 152, 24.7.00, 23.4.01, 38, 2(4)(A, 2(5, 2(6, 1, 1, 1, 2, 2, 2, two, two, one, one, 4, 2, 11(1)(e, two, one, only half, 11, 15(1(k, one, two, 1, 1997]2SCR29, 79, one, one, one, one, 4, 1998]3SCR375, 2(e, 1, few hundred, 2(e, 1, one, 31, 12, 19, eight, 5, 125.00, 115.4, 157.5270.2The, 17.8.2001, 115.4, 157.5, 125, 2, 4, 26.11.2001, 2, 31.10.2001, 30.11.2001, 3, 26.11.2001, 5, 125.33, 4, 31.1.2002, 30.11.2001.126, 31.01.2002.127, 3.62, 3.8, 1, 1)(f, one, 4, 5, 5, 1, 4, 5

GPE: G.Os, Visakhapatnam, Visakhapatnam, O.P., O.P., O.P., orders.29, States, India, O.P., Krishna, Pashamylaram, Medak, Astha, States, MPPs.84, Counsel, it.7, G.V.K., Talcher Municipality, GRIDCO, Visakhapatnam, comprehension.115

ORDINAL: 5th, 5th, third, third, third, third, third, third, third, third, third, third, 26th, 7th, third, third, third, third, third, third, third, third, third, third, third, third, first, third, third, third, 3rd, third, third, third, third, 26th, 7th, third, third, third, first, first, third

PERCENT: 15%, 15%, 8 % to 12 %

WORK_OF_ART: Mini Power Plant, Mini Power Plants

PERSON: read:1, KVA3, Licensee, Licensee, Licensee, Licensee, Licensee, Licensee, Licensee, Licensee, Licensee, Notifications, Order, GoAP, Shri Manmohan Rao, Medak, G.O. Nos, Medak district.48, Astha, Astha, G.O. Nos, Astha, Electricity Boards, Electricity Boards, Generating Station', Licensee, Shanti Bhushan, Ramachandran, Act.4, Harish N. Salve, Narsimhan, Dushyant Dave, it.91, Sudhir Ranjan Nath, Anr, Anr, Anr, Anr, Anr, merit.106, Merit Order Dispatch, curiae neminem, Shanti Bhushan

QUANTITY: 9,000 KVA___________77,000 KVA___________15, 1948 Act

PRODUCT: Notifications, Notifications, Krishna, VC

EVENT: Clause 5, the W heeling Agreement, the Indian Constitution, APTRANSCO.70

TIME: hours, 11 AM

MONEY: 1998 Act, 2003 Act, 1998 Act, 1998 Act, 1998 Act

LOC: GoAP