Court : Appellate Tribunal for Electricity APTEL
..... 1995 when rel established a 500 mw power plant at dahanu, maharashtra, rel had no generating station of its own and used to purchase its entire requirement of electricity in bulk from tpc and distribute the same to the consumers in its licensed area ..... the submission of learned senior counsel for the respondent that novation, rescission or alteration of a contract under section 62 of the indian contract act, 1872 can only be done with the agreement of both the parties to a contract and one party cannot unilaterally alter the term thereof ..... the issues raised in this appeal arise from the principles of agreement (poa) reached ..... 3 was linked with clause 2, surely rel would have insisted before the bombay high court for variation of clause 3 on the basis of alleged package deal ..... decision of the supreme court in civil appeal no.2898 of 2006 and 3101 of 2006 relating to the issues, as to whether or not tpc is a distribution licensee and whether or not rels offer of rebate to its consumers to prevent them from moving away from it is tenable in law. ..... that the licensee has not duly carried companies with the approval of the central electricity out its obligations specified in sub clauses (2) and (3) hereof or the licensee has not complied with any of the terms and conditions of this license, this license shall be liable to be revoked. ..... 2.09 per kwh for energy charge under clause 3 of the poa in view of the fact that tpc had claimed a higher amount of stand by charges as against the stand .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... court in reply to the petition stating that: (i) that the state government has at present not exercised its powers under section 11 of the act and the memorandum does not contain any direction under section 11; (ii) the first part of the memorandum dated 7 may 2010 contains a request to merc to take suitable measures ..... reliance infrastructure limited ( rinfra ) made representations to the government of maharashtra ( gom ) regarding supply of electricity from the generating stations of tata power company limited ( tpc ) to ..... memorandum dated 7.5.2010, would not interdict or prevent proceedings already initiated by the state commission in ..... , the tata power company filed a writ petition before the bombay high court challenging the government memorandum dated 7.5.2010 and prayed ..... m/s reliance infrastructure limiteds obligation to ensure that its consumers do not have to suffer any increase in tariff and also the tata power companys obligation to use its generation capacity to supply power at reasonable rates in mumbai, in the interest of the ..... learned counsel for the appellant would make the following submissions: in view of the government memorandum earlier issued, the state commission by its ..... to any person ..... in m k ranganathan and anr vs government of madras, reported in air 1955 sc 604, state of uttar pradesh and others vs dr. ..... from other sources such as (through the power management group formed by the mumbai distribution licensees, directly from bilateral sources, trading, ibsm, etc .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licence; (f) adjudicate upon the disputes between the licensees, and generating companies and to refer any dispute for arbitration; (g) levy fee for the purposes of this act; (h) specify state grid code consistent with the grid code specified under clause (h) of sub-section (1) of section ..... appeal centres round the question whether the maharashtra electricity regulatory commission, the respondent no.1 herein, was legally justified in ..... bombay ..... view of the fact that the order directing an investigation by the asci was not questioned by the appellant and further the order dated 8.9.2009 is a speaking order truly covered under section 128 of the act and now that after a thorough investigation when more than 350- page report has already been submitted it is of no use now cavilling that the order directing an investigation did really suffer from ..... any report under sub-section (1) or sub-section (5), the appropriate commission may, after giving such opportunity to the licensee or generating company, as the case may be, to make a representation in connection with the report as in the opinion of the appropriate commission, seems reasonable, by order in writing- (a) require the licensee or the generating company to take such action in respect of any matter arising ..... from bilateral sources, power exchanges and drawl from imbalance pool etc. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 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 ..... any other person for further generating capacity (including at saphale) without first consulting the cea as required by section 44 (2a) of the 1948 act imposing conditions 1(d) and 10 of the letter dated july 18, 2000 (exhibit "hhh" hereto) and that no part of the additional power generated by bses from such generating unit, directly or indirectly, be supplied to any part of mumbai and/or to tata power's licensed area of supply; c) this hon'ble court be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any ..... undertaking of the municipal corporation of greater mumbai initially against maharashtra electricity regulatory commission (merc or the commission in short) ..... arises from a conjoint reading of section 23, section 60 and section 86 (1) (b) of the act, at this stage it is necessary to set out these sections of the act ..... just as tpc has the legitimate expectation that rel would buy from tpc, rel also has a legitimate expectation that tpc would supply to rel its requirements from tpc's generation and that in view of the shortage of power merc ought to have looked into ..... from tpc and contends that rel should be prevented from ..... act which provide for regulation .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Reported in : (2006)LCAPTEL405
..... , rel and mseb filed written submissions on merits and the judgment was reserved.the bombay high court while disosing of the writ petition, observed that the issues raised were of technical nature and, therefore, be decided by the appellate tribunal established under section 110 of the act of 2003 which was likely to become functional by 17^th january, 2005 and in the ..... list of dates culled out from the appeal paper-book, since there is hardly any controversy between the parties thereto.agreement between tata power and mseb whereby tata power was required to take from mseb all the electrical energy as may be supplied from mseb's hydro generating station at koyna, maharashtra.meeting between tata power and ..... the expression "determine the tariff for electricity, wholesale, bulk, gridor retail" as used in sub-clause (a) of sub-section (1) of section 22 and also in the expression "regulate power purchase...including the price at ..... committee.the merc forwarded a copy of cea's report dated 19^th january, 2004 ("the cea report") and sought the views and comments of the parties thereon by 10^th february, 2004.tata power filed an affidavit objecting to various aspects of and findings in the cea report. ..... arising ..... bses take over by mseb or tec's unit number 6 is commissioned into service etc.letter from mseb to tata power recording as follows:^tec have agreed for continuation of the billing maximum demand of 550 mva till the combined ..... from consultants, experts and professional .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... committee inter-alia considered (a) facts and arguments presented to it by m/s tpc and m/s reliance infra (b) the provisions of the electricity act 2003 : (c) the background of the dispute between m/s tpc and m/s reliance infrastructure with regard to sinning of power purchase agreement: (d) the conflict of interest arising from the grant of parallel license to m/s tpc (distribution) to supply electricity to consumers in the existing license area of m/s reliance infrastructure ..... of section 10 (2) of the electricity act,2003 a generating company can supply electricity to any licensee which may include a distribution licensee or trading licensee or a consumer and in view of the decision of the honble supreme court in tata power company limited vs maharashtra electricity ..... wrongly typed .then on 23.06.2010 the appellant filed chamber summons in the writ petition before the bombay high court for amendment of the writ petition so as to implead the msldc and the commission and to include additional prayers on account of repeated interference of the government of maharashtra and consequent refusal of the msldc to schedule the power. 44. in this connection, three ..... damages they are liable to pay so as to prevent such future misfeasance on the part of the public statutory ..... person who has established a captive generating plant for carrying the electricity to the destination of his own ..... act, 1955 or any ..... such a dangerous proposition emanating from a statutory authority ..... investment etc. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... an activity which is licensed, the high court of bombay in the case of maharashtra state electricity board (supra) held that section 12 of the electricity act 2003 is similar to section 14 of the ap electricity reforms act 1998 and further that while dealing with the provisions of section 14 of ap electricity reforms act 1998 the supreme court held that supply to a non-participating industry would attract the provision of license; it is to be noted that section 12 of electricity act 2003 has a caption "authorised persons to transmit supply electricity". ..... lines" means all high pressure cables and overhead lines (not being an essential part of the distribution system of a licensee) transmitting electricity from a generating station to another generating station or a sub-station, together with any step-up and step-down transformers, switch-gear and other works necessary to and used for the control of such cables or overhead lines, and such buildings or part thereof as may be required to accommodate such transformers, switch ..... if the petitioner applies for licence, their application can be considered expeditiously keeping in view the judgment of the high court which clearly states that the petitioner requires a licence.the supreme court has thus confirmed the high court's view that a cpp requires a licence when it wants to sell to third parties. ..... that arises for consideration is the effect of sub-section 2 of section ..... or fully independent units and details of technical information etc. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Reported in : (2006)LCAPTEL1116
..... 158 of 2006, the 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, ..... load management charge has been validly ordered in exercise power conferred under section 23 of the electricity act 2003, the question of refund will not arise and the relief prayed for in this behalf deserves to be ..... others on the file of the nagpur bench of bombay high court seeking for certain directions with respect to load shedding policy, its implementation and also to change the arbitrary policy by which the residents of nagpur and the nearby residents are discriminated, to direct the respondents to stop load shedding in vidarabha region, to direct the respondents herein to take effective steps to prevent loss of electricity by mismanagement, theft etc ..... regulate" occurs in other statutes also, as for example, the essential commodities act, 1955, and it has found difficult to give the word a precise ..... of the order passed by the merc with respect to load management charges, we do not find any illegality or arbitrariness and error of justification in orders passed by merc in levying the load management ..... . it has different shades of meaning and must take its colour from the context in which it is used having regard to the purpose and object to be achieved and the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... on a consideration of section 111 of the electricity act 2003 as well as scope of section 42 of dera act 2000, there is no difficulty in holding that the appeals are maintainable before this appellate forum sub-section (1) of section 111 provides that any person aggrieved by an order made by the appropriate commission under the act may prefer an appeal ..... while referring to the creation of a regulatory asset the high court referred to the commission's order under appeal before it which reads thus : the commission is of the view that the regulatory asset can only be considered in exceptional cases wherein the recovery of entire revenue requirement during a single year might lead to a tariff shock and so a part of the ..... also drew our attention to the judgment of bombay high court in maharashtra state electricity board v. ..... the high court taking note of the extra ordinary situation being a very special circumstance arising out of the differences purely between the board and the dabhol power company ordered for creation of regulatory asset as a one time measure while carefully adding that the same ..... (ii) the factors which would encourage efficiency, economic use of the resources, good performance, optimum investments and the commission when decide to depart from the factors specified in the sixth schedule while determining the licensee's revenue and tariffs, it shall ..... for electricity, wholesale, bulk, grid or retail; to determine the tariff for use of the transmission facilities, etc. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Reported in : (2007)LCAPTEL1080
..... no scientific method has been placed by either side in this respect except placing reliance on the directions issued by the state of maharashtra, issued at the initial stage or at the beginning and that again is not by following any scientific method but more as a rule of thumb applied under certain circumstances and in the peculiar back ground. ..... the requirement of stand-by for the appellant and the first respondent are of different quantities and such requirement may arise either simultaneously or at different timings depending upon outages in the generating plant that may occur.such occurrence of outage is neither man-made ..... in view of the difference in the language between section 392 of the code of criminal procedure and section 123 of the electricity act 2003, the only course open to the third member is to answer the reference in terms of section 123 and it is not open to the third member, as has been provided in section 392 of the code of criminal procedure to proceed, as laid down in the ..... content emanating from context may permit sense being preferred to mere meaning depending on what is sought to be achieved and what is sought to be prevented by the legislative ..... in the two separate judgments there is no controversy so also with respect to earlier proceedings before the maharashtra electricity regulatory commission, and adjudication by hon'ble bombay high court, as well as their orders / judgments.56. ..... as the appellant has to necessarily use the balance as a stand-by .....
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