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Gajendra Haldea Vs. Grid Corporation of Orissa Ltd.,

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL23

..... : whereas the central electricity regulatory commission is of the opinion that it is necessary to fix trading margin for inter-state trading of electricity, now, therefore, in exercise of powers conferred under section 178 of the electricity act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and after previous publication, the central electricity regulatory commission hereby makes the following regulations, namely: 1. ..... the power outside the state, under clause 12 of the agreement, the ptc was required to submit its day ahead schedule with the state load dispatch centre with a copy to gridco and the scheduling and dispatch of the power was to be done in coordination with gridco and regional load dispatch centre. ..... the fifth proviso to section 14 of the electricity act, "the government company or the company referred to in sub-section (2) of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule shall be deemed to be a licensee" under the act ..... the persons primarily affected by the price at which power was sold by the gridco to the ptc have not complained of the same, pales into insignificance as not only the appellant but the maharashtra state electricity distribution co. ..... delivery of property.it was further held that what is decisive is whether the sale is one which occasions the movement of goods from one state to another.46. having regard to the decisions of the supreme court in the bombay co ..... bombay .....

Uttar Gujarat Vij Company Ltd, Gujarat Vs. Gujarat State Electricity R ...

Court : Appellate Tribunal for Electricity APTEL

..... the honble supreme court referred to the provisions of subsection (5), (6) and (7) of section 42 and section 86 of the act to show as to who stands in which place under the law so that there cannot be any usurpation of jurisdiction of one over the other. ..... what exactly are the powers and functions of the ombudsman have not been specified in the act, but it only appears that ombudsman derives his jurisdiction when an individual consumer brings before him a dispute with a distribution ..... it provides 62(3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumers load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is ..... 3 is an institution registered under bombay public trust act and is running various educational institutions said to be on commercial basis at vidyanagar, and espondent ..... in maharashtra state electricity distribution company ltd. ..... according to above tariff schedule, the co-petitioner is not covered under htp-ii (a) category as it is a public charitable trust and is thus not a commercial ..... therefore, appropriate that the co-petitioners activities are considered and based on the same, the appropriate tariff schedule be made applicable to them. ..... as such, the grievances arising out of specific act on the part of a distribution licensee may give rise to cause of action to an .....

In the Matter Of: Reliance Industries Limited Vs. Petroleum and Natura ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... form for data submission by entity for determination of natural gas pipeline tariff- every entity shall submit to the board the financial costs and other data in the form at attachment 1 of schedule a, if as on the day of the notification of these regulations, the natural gas pipeline- (2) is already in operation, then, in relation to an entity referred to in- (a) clause (1) of regulation 3, within ninety days of the notification of these regulations; (b) clause (2) of regulation 3 within ninety days ..... reply to the above submissions, the petroleum board (r-1) as well as the gujarat petronet (r-2) have advanced the following arguments: (a) the act mandates the petroleum board to protect the interests of the consumers by fostering fair trade and competition amongst the entities. ..... the other hand, the respondents submitted the following: the appellant does not have a right under the provisions of the act to file an appeal against the determination of provisional tariff for high pressure gujarat gas grid. ..... the action of the petroleum board is contrary to the tariff regulations and as such it cannot act in contravention of its own regulations as settled by various judgments of honble supreme court and the appellate tribunal for ..... datta (2011) 10 scc 509; (c) bar council of maharashtra vs m. ..... state of bombay, 1951 scr 228; (i) dayawati v inderjit (1966) 3 scr 275 (para 9); (j) subodh s salaskar v jayaprakash m shah (2008) 13 scc 689 at page 700; (k) workmen v firestone tyre and rubber .....

Haryana Vidyut Prasaran Nigam Limited Vs. Haryana Electricity Regulato ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... it is noticed that in the impugned order, the state commission has clarified that in case, the appellant is able to provide a detailed month wise capitalization schedule, the state commission will allow the calculation of interest during construction on prorate basis. ..... in case the licensee is able to provide a detailed month wise capitalization schedule, the commission will allow the calculation of idc on prorata basis as proposed by the petitioner. ..... therefore asking the consumers to pay for these liabilities would tantamount to contravention of the act to a certain extent. .....