Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 15 amendment of section 21 Court: appellate tribunal for electricity aptel Page 1 of about 264 results (0.390 seconds)

Uttar Pradesh Power Corpn. Limited and Another Vs. Noida Power Corpn. ...

Court : Appellate Tribunal for Electricity APTEL

..... there is no rationale in saying that because the uppcl is not adhering to the statutory requirements and has not submitted to tariff filing the commission can amend the bulk supply tariff of npcl. the commission has to use appropriate measures to compel the uppcl to adhere to statutory requirements or to force filing ..... the different co-ordinates of powers and responsibility perform their duties and obligations cast upon them in the act, in letter and spirit, the objects of enacting the act, which includes development of electricity industry and promoting competition therein, would always remain a distant dream. 37. i find that the performance of uppcl in extending ..... . considering the convergence of the outcomes of the consideration of perspectives at [aa] and [bb] above, the impugned order of the commission dated 08 feb. 2007 is set aside, and the case is remanded back to the commission for denovo consideration with directions to resolve the dispute between the parties under section 86(1 .....

Kanan Devan Hill Plantations Company Pvt. Ltd. Munnar and Others Vs. K ...

Court : Appellate Tribunal for Electricity APTEL

..... efficiency of operation, distribution losses etc. it has been further held that in order to encourage efficient operation it is only necessary that the different licensees have competition amongst themselves to carry out their operations in a more efficient manner. in this decision, the tribunal held that the commission may determine differential tariff according to ..... consumer and it encompasses the sale of electricity by a licensee to another licensee. in a batch of appeals being appeal no.24 of 2007, 33 of 2007 and 101 of 2007 which was decided on 28.1.2008, the determination of bulk supply tariff by the commission payable by a licensee to msedcl was the ..... 64 of the act mandates that the commission shall issue a tariff order accepting the application with such modifications or such conditions as may be specified and regulation no.4(2) of the kerala state electricity regulatory commission (tariff) regulations 2003 provides that no part or any part of tariff shall be amended more than once .....

Gvk (Goindwal Sahib) Limited, Andhra Pradesh Vs. Punjab State Electric ...

Court : Appellate Tribunal for Electricity APTEL

..... be stated that though the application originally had been filed by the electricity board, the 2nd respondent herein, in petition no.3 of 2007 on 20.3.2007 for approval of the amended and restated ppa and the same had been dismissed by the state commission with the direction by order dated 6.3.2009 directing the ..... extent applicable. admittedly, the standard bidding documents and ppa of the government of india are for procurement of power through tariff based competitive bidding in terms of section 63 of the 2003 act. however, both the parties in this case mutually agreed to follow the standard ppa to the extent applicable. the appellant having agreed ..... terms found reasonable by the state commission. 17. in view of the above, the powers of the state commission under the act to take measures conducive to the development of the electricity industry, promoting competition, protecting the interest of the consumers and the supply of electricity to all areas cannot be questioned. 18. in the present .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... electricity industry in an efficient, commercial, economic and competitive manner in the national capital territory of delhi. under section 3, the delhi electricity regulatory commission has been constituted to exercise the powers conferred on it and to perform the functions assigned to it under the said act.9. section 11 enumerates the functions of the ..... from rs.2600 crore to rs.3450 crore based on assumptions about key parameters which were not provided to the commission at the time of issuance of amendment to the policy directions. subsequently, the gnctd provided the copy of financial restructuring plan prepared at the time of privatization upon a specific request from ..... as if the same is repayable or to be realized or salvaged or set off during the transitory period, viz., the period ending with 31st march, 2007, unless an extraordinary tariff upward revision is to be allowed. in fact no amortization schedule and other details been provided for. same challenge squarely applies even .....

Bihar Steel Manufacturers Association, Patna Vs. Bihar Electricity Reg ...

Court : Appellate Tribunal for Electricity APTEL

..... prescribed and approved by it. it is contended that word specified does not connote the meaning as given in the act. section 62 (4) clearly provides that a tariff cannot be amended more frequently than once in any financial year except with respect to any charges expressly permitted under the terms of any fuel ..... sale of electricity. provided that in case of distribution of electricity in the same area by two or more distribution licensees, the appropriate commission may, for promoting competition among distribution licensees, fix only maximum ceiling of tariff for retail sale of electricity. (2) the appropriate commission may require a licensee or a generating company to ..... is not permissible. reference has been made to the decision of the honble supreme court in central power distribution co. ltd. vs cerc reported in (2007) 8 scc 197. the submission of the learned counsel for the appellant does not appear to be acceptable because in the central power distribution company limited case .....

Uttar Pradesh Power Corporaton Vs. Noida Power Company Ltd. and Uttar

Court : Appellate Tribunal for Electricity APTEL

..... the npcl is bound to pay the amount for which uppcl raised the bill. the impugned order to this extent has to be upheld. the part of the order which amends the bulk supply tariff for 45 mw cannot be sustained and has to be set aside. 8. one of us (technical member), on the other hand, in a ..... violative of the clause 5.3.3. of the national electricity policy and clearly attracts the provisions of section 60 of the act providing suo motto power to the commission to issue directions to prevent adverse effect on competition, even if the agreement is valid. 9. the judgment of the technical member sets-aside the impugned order and remands the ..... show that they had any alternative source of power purchase during the period of the contract with uppcl for additional 10 mw i.e. between may, 2006 to february, 2007.8. learned counsel mr. sitesh mukherjee for uppcl further contended that npcl had entered into an agreement after taking into account, the commercial risk involved in the transaction and .....

M/S Noida Power Company Limited, Commercial Complex Vs. Paschimanchal ...

Court : Appellate Tribunal for Electricity APTEL

..... amendment act, 2003, scope of application of prudency has been restricted only to defining additional requirements of capital adequacy, credit worthiness and code of conduct. therefore, the requirement of minimum area as specified under rules 2005 apparently runs contrary to the spirit of the main act. the national electricity policy also only provided that the competition ..... board, mussoorie (1985) 2 scc 16 at para 7; (iii) lic v-escorts (1986) 1 scc para 61 to 63 (iv) puravankara projects ltd v-venus international (2007) 10 scc 33 para 18, 19, 22, 24, 30, 37; (v) atlas cycle industries ltd-v-state of haryana (1979) 2 scc 196 paras 19-22, 32. ..... of minimum area for grant of distribution license finds mention only under the explanation given in the rules, 2005. since under the provisions of the electricity (amendment) act, 2003 the scope of application of proviso has been restricted only to defining the additional requirement of capital adequacy, credit worthiness and code of conduct, the .....

Reliance Energy Limited Vs. Maharashtra Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL543

..... vigilance debit--in case where a consumer is found to have indulged in dishonest abstraction of energy within the meaning of part xiv of the electricity act, 2003. rel raise amendment bills under the following circumstances: o reading correction--where bills were sent based on over-reading/under-readings, bills in the subsequent months are ..... period 10^th june, 2003, the date of coming into force of the electricity act, 2003 and up to 20^th january, 2005 the date of enforcement of supply code, 2005. the distribution licensees have been directed to withdraw all such supplementary/amendment bills on the premises (i) that meter testing has not been duly carried ..... came to be repealed in terms of section 185 of the electricity act, 2003.10. the merc, by its letter dated 3^rd august 2004, addressed all distribution licensees, which reads thus: 1. several instances have come to the commission's notice of so-called "amendment"/"supplementary" or other such bills being raised by some licensees to .....

M/S Maruti Suzuki India Ltd., New Delhi Vs. Haryana Electricity Regula ...

Court : Appellate Tribunal for Electricity APTEL

..... of licence under section 16; (e) the manner and particulars of notice under clause (a) of sub-section (2) of section 18; (f) publication of the alterations or amendments to be made in the licence under clause (c) of sub-section (2) of section 18; (g) levy and collection of fees and charges from generating companies or licensees ..... commissions while fixing wheeling charges, cross subsidy surcharge and additional surcharge, if any, shall have regard to the spirit of the act as manifested by its preamble. the charges shall be reasonable as would result in promoting competition. they shall be worked out in the light of the above observations made by us. this direction shall also apply to ..... tribunal in the case of b. m. verma vs uerc: 2010 (elr) aptel 108 read with elr (aptel) 800, has held that the letter dated 09.01.2007 issued by secretary of uttrakhand commission was a valid order. xvi. it is settled principle of law that the judgment/ order is binding and enforceable until and unless the .....

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

..... particular regulation either of the central commission or state commission has to direct that since the regulation fails to achieve the objective of the act amendment of the regulation is called and direction has to be given. in fact, mr. ramachandran commenced his argument with the submission that the ..... companies and transmission licensees; (b) the generation, transmission, distribution and supply of electricity are conducted on commercial principles; (c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments; (d) safeguarding of consumers' interest and at the same time, recovery of the ..... state power generation co. ltd. vs. maharashtra electricity regulator commission and ors. (2010 elr (aptel) 0189, ntpc ltd. s. madhya pradesh state electricity board 2007 elr aptel 7, bses rajdhani power ltd. vs. delhi electricity regulatory commission (2009) elr aptel 880, uttar pradesh rajya vidut utpadan nigam ltd. vs. uttar .....