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The Tata Power Company Limited, Rep. by B.J. Shroff Vs. Maharashtra El ...

Court : Appellate Tribunal for Electricity APTEL

..... direct the respondent no.1 to comply with the provisions of the electricity act, 2003, the maharashtra electricity regulatory commission (state grid code) regulations, 2006 and scheduling and despatch code of 16.01.2008 and withdraw the letter dated 16.05.2010 and that 18.05.2010 issued by respondent no.1 deferring the open access granted to the respondent no.2 and refusing to schedule 160 mw power to tata power- distribution from 00 hrs of 17.05.2010; b. ..... government, then it does not lie in their mouth to say even on 12.6.2010 after the government has made it clear before the high court that the two memoranda were not issued under section 11 or 37 of the act that it would still await further order of the government, and again say in this appeal that the government stand made through the learned advocate general before the high court does not bind ..... it must not have been difficult either for the msldc or for the state commission to decipher that the first order of the bombay high court that recorded the submission of the learned advocate general was a clear indication to the msldc and the commission that the two govt. ..... electricity is not an essential commodity within the meaning of the provisions of the essential commodities act, 1955 or any other statute. .....

Tata Power Company Ltd. Vs. Reliance Energy Ltd. and ors.

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL405

..... amending bses' (now rel) 1926 license, inter alia, providing as under: insert a new clause 7b as under:-"7(b) (1):the licencee has complied with sub clauses (1) and (2) above and the government of maharashtra has extended further the companies licence till 15^th august 2011 as mentioned in clause 13 herein below.7(b)(2):on the commencement of generation from the said generating station referred to in clause 7a, the licensee shall supply the power ..... merc by the aforesaid judgment and order dated 3^rd june 2003 was confirmed.pursuant to the liberty granted by the said order dated 3^rd june, 2003 passed by the hon'ble bombay high court, rel filed an interim application before the merc seeking installments in payment of arrears of the standby charges.merc passed an order directing rel to pay the balance amount in ..... instance case lies in the past in terms of agreement between the parties, gom appointed committee's report, gom's order, hon'ble supreme court's judgment and the act governing them being esa-1948 and its' sixth schedule but mixing them with more general frame for future in context of ea-2003 has completely diluted the specifics of the case ..... were not prima facie but intended to be binding upon the merc in the remand proceedings and is to be seen in the context of para 30 of the judgment and order of bombay high court which reads thus: proceedings are remitted to the commission for de novo consideration and decision in accordance with law as also in the light of observations made above' .....

Tata Power Company Limited Bombay House and Others Vs. Maharashtra Ele ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 15.6.2009, passed by the state commission in petition no.113 of 2008, the tpc filed a petition in case no.50 of 2009 under regulation 20 (1) of the maharashtra commissions open access regulations, section 86 (1) (a) and section 86 (1) (f) of the 2003 act, praying for laying out the operating procedure for change over consumers who wanted to receive supply from the tpc while being connected through the distribution network of the ..... system within the same area, subject to the conditions that the applicant for grant of license within the same area shall, without prejudice to the other conditions or requirements under the act, comply with the additional requirements relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the central government, and no such applicant, who complies with ..... 2006 with civil appeal no.s 3466 and 3467 of 2006, wherein the hon'ble supreme court ruled as under: "the concept of wheeling has been introduced in the 2003 act to enable distribution licensees who are yet to install their distribution line to supply electricity directly to retail consumers, subject to payment of surcharge in addition to the charges for ..... a bare reading of the provisions of the 1910 act and the schedule would reveal that even under the 1910 act every licensee was required to lay down its own ..... licenses as under: i) the 1907 licence- commonly known as the bombay (hydro-electric) licence, which was originally granted on 5.3.1907 to dorabji .....

M/S. Bangalore Electricity Supply Company Limited Vs. M/S. Reliance In ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... case of the petitioner, instead of scheduling by sldc, the wheeling and banking agreement (wba) has been authorized by the commission to be entered into and has to be entered into before any injection of power into the grid, if there is no ppa, ..... entered into; (e) it is my view that even in the case on hand, though it is not a costly power that has been injected, though it is not injected during off-peak hours, though there is no schedule by the state load despatch centre (sldc), the generator in this case is not entitled for any payment in view of the following: (1) in the case of infirm power sources, like that of wind generator in the ..... article 8 of the standard wba format in time; (5) in the operation of the power system, the generator or the electricity supply company (escom) have always a remedy to seek under the electricity act, 2003 and the regulations framed there under, and have no right to take law into their hands, since whatever compensation, due to them, could always be obtained through a proper recourse to legal remedies ..... the judgment dated 16.5.2011 in appeal no.123 of 2010 in the matter of indo rama synthetics (i) ltd vs maharashtra electricity regulatory commission and others would not apply to the present case in view of the facts and circumstances of the ..... state of maharashtra and others; (b) ( .....

Maharashtra State Power Generation Co. Ltd Mumbai Vs. Maharashtra Elec ...

Court : Appellate Tribunal for Electricity APTEL

..... ) according to the appellant same generic loans were taken by the erstwhile maharashtra state electricity board prior to its reorganization which have been allocated station-wise ..... excess idc and overhead costs for time overrun from scheduled date of commissioning to actual date of commissioning has to be worked out on prorate basis with respect to total actual time taken in commissioning of the ..... he further submitted that bhel is an agent of the appellant who has to shoulder the responsibility of any act or omission of its agent and only the capital cost which has been prudently incurred by the appellant can be approved by the state commission. ..... in our opinion, the above principles will be in consonance with the provisions of section 61(d) of the act, safeguarding the consumers interest and at the same time, ensuring recovery of cost of electricity in a reasonable manner. ..... even though data sought by the respondent-1/state commission had been provided it deferred the consideration of additional capitalization on certain expenditure till the final truing up which is contrary to the principles of section 61 of the 2003 act and national tariff policy. ..... to the learned counsel for the appellant the delay was solely on account of bhel and the state commission has not been able to point out any act of omission or commission by the appellant. ..... electricity authority also accorded the techno economic clearance to the project, required under the electricity (supply) act, 1948, on 9.7.1999. 2.2. .....

Gujarat Electricity Regulatory Commission, Ahmedabad Vs. Century Rayon ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... it reads as under: 29 (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in section 4 to 24 ..... legislation within the meaning of section 29(2) of the limitation act, which lays down that where any special or local law prescribes for any suit, appeal or application, a period of limitation different from the one prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and provisions contained in section 4 to 24 (inclusive) shall apply for the purpose of ..... the learned counsel for the petitioner has cited the following judgments: (a) air 2003 bombay 228 titled shapoorji data processing vs amir trading corporation (b) air 2003 guwahati ..... century rayon filed a petition before the maharashtra state commission seeking for a declaration that the appellant companys co-generation plant is not covered under the ..... gopalan vs cheppilat puthanpurayil aboobacker reported in (1955) 5 scc 5 cited by the learned counsel for the review petitioner, has held that unless there is a prohibition through a special or local law, there is no bar for invoking the limitation act. .....

Vidarbha Industries Association Vs. Maharashtra State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL1116

..... appellant has prayed this appellate tribunal to direct respondent to refund amount of load management charges collected from various consumers in the state of maharashtra during the months of may, june and july, 2005 as per the directions of second respondent commission dated 4^th february, 2005, made ..... in other statutes also, as for example, the essential commodities act, 1955, and it has found difficult to give the word a ..... per contra on behalf of the respondents, while referring to the earlier proceedings before the commission as well as before the nagpur bench of the bombay high court and the supreme court, the load management charges were introduced to regulate the distribution of power during periods of shortage of power generation as against the demand, ..... learned counsel appearing for the appellant that the entire amount collected by way of load management charges is liable to be refunded in terms of section 62(6) of the electricity act 2003, cannot be sustained and it deserved to be rejected as load management charge is not part of the tariff and section 62(6) has no application at all to ..... counsel for the discom took this tribunal through the earlier orders passed by the nagpur bench of the bombay court, the supreme court and the orders of the regulatory commission by which load management charge was introduced ..... of the learned counsel for the appellant, that load management charge forms part of the tariff and that it is an increase in tariff schedule, cannot be sustained. .....

Municipal Corporation of Greater Vs. Maharashtra Electricity

Court : Appellate Tribunal for Electricity APTEL

..... if additional power was required for the future tata power had at all times been willing to install such additional capacity; (iv) if bses was permitted to generate 450 mw at palghar and bring such power to bombay, the same would be used not for meeting additional demand but for displacing tata power's bulk sales to bses: (v) allowing such defacto delimitation/reduction of tata power's area of supply would be contrary to ..... licensees or from other sources through agreements for purchase of power for distribution and supply within the area of supply and for meeting the obligations under the licence and under the provisions of the act, provided that such procurement shall be made in an economical manner and under a transparent power purchase and procurement process which shall be required to be in accordance with the regulations, guidelines directions ..... maharashtra electricity regulatory commission (general conditions of distribution licensee) regulation, 2006 8.3.1 the distribution licensee shall develop and maintain an efficient, safe, coordinated and economical distribution system in the area of supply and effect safe supply of electricity to consumers in such area in accordance with the provisions of the act, rules, regulations, ..... in fact, under the schedule to the 1910 act it is provided that the distributing licensee is required to execute an agreement with the bulk licensee to receive and ..... similarly clause ix of schedule i requires bulk licensees to give supply to distributing .....

Mula Pravara Electric Vs. Maharashtra Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL135

..... the promotion of co-generation and generation of electricity from renewable sources of energy; provided that the terms and conditions for determination of tariff under the electricity (supply) act, 1948, the electricity regulatory commission act, 1998 and the enactments specified in the schedule as they stood immediately before the appointed date, shall continue to apply for a period of one year or until the terms and conditions for tariff are specified under this section, whichever ..... he drew our attention to the following para of the said order where commission had observed as under: 17...the commission further feels it is necessary to advise the government of maharashtra under section 22 (2) (j) of the erc act, 1998 that it shall require to take urgent action in line with the acceptance of the rajadhyaksha committee recommendation so as to facilitate the working of the society in an objective manner and compensate the mseb to tide over its financial ..... he asserted that any such direction is not binding on the commission especially when the same conflicts with and contradicts a decision contained in an order passed by the division bench of the high court of judicature at bombay in merc appeal no. .....

Dodson-lindblom Hydro Power Ltd. Vs. Maharashtra Electricity Regulator ...

Court : Appellate Tribunal for Electricity APTEL

..... its counter affidavit which is as under: the generating station may be entitled to receive or shall be required to bear, as the case may be, the charges for deviations between energy sent-out corresponding to scheduled generation and actual energy sent-out, in accordance with the balancing and settlement code, as may be published by the state load despatch centre and approved by the commission: provided that the rate for determination ..... appellant contends that the regulations do not deal with the provision for irrigation based hydro power plant where scheduling based power requirements is not possible and bhep-ii being a must run type plant unscheduled interchange rates ..... in the debt equity ratio of 91:09 and disallowed the ratio of 70:30 which is the normative debt equity ratio as per the maharashtra electricity regulatory commission (terms and conditions of tariff) regulations, 2005, hereinafter referred to as the regulations. ..... 42 of 2006 in the matter of introduction of availability based tariff regime at state level within maharashtra and other related issues wherein the commission has not considered generators as part of imbalance pooled settlements and hence unscheduled inter ..... section 61 of the act, inter alia, requires the commission to be guided by some factors while framing terms ..... we ignored certain regulations which were contrary to dvc act although those provisions were not held to be ultra vires of the dvc act. ..... in the spirit of the provisions of section 61 of the act. .....