Court : Appellate Tribunal for Electricity APTEL
..... establishes that epl is only obliged to generate the electricity up to 300 mw allocated to the electricity board and nothing more. in other words, there is no amendment with regard to the declaration of electricity generated on proportionate basis in the said supplemental agreement dated 18.12.2003. 53. under such circumstances, it is not ..... the supreme court in the case of hari shanker singhania v. gaur hari singhania (2006) vol-4 scc 658 and shree ram mills v. utility premises ltd. (2007) vol-iv scc 599 wherein it was held that where the negotiations were still on there would be no question of starting of the limitation period. these decisions ..... other with regard to matters related to this agreement or any activity contemplated by this agreement. 58. similarly, the explanation to section 73 of the indian contract act provides that in estimating the loss or damage arising from breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 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 ..... learned counsel for the appellant, ms deepa chauhan, has submitted before us that as per gujarat electricity regulatory commission, multi year tariff framework regulations, 2007, (in short myt regulations) the commission is required to identify various arr items as controllable or uncontrollable. it has been contended that ..... quantum for the purpose of performing the business electricity in the present debt equity on structure) plus permitted incentives minus penalties leviable under the act/regulations for that year. the incentives would result from normative targets on aggregate technical and commercial losses (atandc) for the licensee. the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... ppa the appellant for the reasons best known to it choose to file the present petition before the state commission alleging coercion and financial duress etc only on 22.05.2007, i.e. after more than 7 months. there was no reason as to why the allegations of coercion have not been agitated before the same forum prior to its ..... . since various disputes arose between southern power distribution company of andhra pradesh (r-1) and ap. transco (r-2), the appellant filed a petition in op no. 7 of 2007 before the state commission seeking for various reliefs in respect of the grievances arising out of the disputes relating to the conduct of the licensee (r-1) and for modification ..... . 21. according to the appellant, the ppa dated 25.02.2002 as amended on 23.08.2002 is not void. this contention also is not correct because the ppas which received the consent of the state commission under section 21.4 of the a.p. electricity reform act, 1998 alone are valid and binding. in other words, the ppas with the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... while claiming tariff increase or determining the same. as a matter of fact, this tribunal took note of the above circular in its judgment dated 28.11.2007 in appeal no. 219 of 2006 titled northern railway versus uttranchal electricity regulatory commission and held as follows: similarly while the tariff fixed for the appellant ..... commission under section 86(1)(b) is that it shall adjudicate upon the dispute between the licensees and the generating companies. section 95 of the act clearly stipulates that all the proceedings before the appropriate commission shall be deemed to be judicial proceedings and the appropriate commission shall be deemed to be a ..... serving masses of the country and is a major contributor to the growth and development of national economy, without following the relevant provisions of the electricity act, and the circular issued by the ministry of power to all the state governments and the electricity boards emphasizing the importance of providing electricity to the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 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 ..... , the nature of supply and the purpose for which the supply is required. (4) no tariff or part of any tariff may ordinarily be amended, more frequently than once in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may ..... 2000 mw of power through the tariff based competitive bidding process. the appellant prepared a competitive bidding documents in terms of section 63 of the electricity act, 2003 and in accordance with the competitive bidding guidelines issued by the government of india. thereupon on 22.03.2007, the appellant filed a petition in petition no .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... within the definition of additional capitalisation. 55. it is to be stated in this context, as mentioned earlier, that the appellant was not authorized to either amend the tariff petition or to bring out new materials in connection with the tariff petition by filing any additional application and to seek consideration of these materials in ..... materials produced relating to the issues to be decided in the light of the findings and observations made by the tribunal in the order of remand dated 23.11.2007. (3) the new generating unit like mejia unit-4 does not qualify as additional capitalization or come within the definition of additional capitalization. the capitalization ..... to be borne in mind on this issue (1) by the remand order dated 23.11.2007, the tribunal categorically found that section 20 of the dvc act under which tariff is determined by the dvc is inconsistent with the electricity act and therefore it shall stand superseded; (2) by the impugned order dated 06.08.2009 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the electricity to the destination of his own use: provided also that the state commission shall, not later than five years from the date commencement of the electricity (amendment) act ,2003 (57 of 2003) by regulations, provide such open access to all consumers who require a supply of electricity where the maximum power to be made available at ..... party, that declaration of a captive generating plant as such is necessary for compliance of the various provisions of the act. we have held in para 4 of our order dated 13.11.2007 as under: the act thus makes special provision regarding the captive generating plant and such a plant has been provided the benefit of the right ..... in malwa industries ltd. vs. punjab electricity regulatory commission, cseb vs. bajrang power and ispat ltd in appeal no. 32 of 2007, 165 of 2006 and revision petition no. 1 and 2 of 2007, the state commission has concluded that the 3 sister concerns are captive users by virtue of ownership of captive power plant being more .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... terminating the ppa dated 17.01.2002 and the supplementary agreement dated 09.06.2005. 12. on receipt of this letter of termination, the appellant sought for amendment of the prayer in that petition already pending before the state commission seeking for the quashing of the notice of termination. accordingly, the state commission allowed the said ..... result would be the dissolution of the agreement. 34. in view of the above discussion, the contention urged by the learned senior counsel for the appellant that the acts of omission committed by the appellant cannot be construed to be defaults, giving rise to the cause action for the respondent company to terminate the contract is misconceived and ..... due for the excess power exported to kptcl beyond 20 mws by respondent company for the period march 2004 to july 2007 rs. 16,79,459/-. the amount due for excess power exported from june 2005 to july 2007 to bescom rs. 1,24,61,526/- towards the excess energy beyond 20 mws. and the amount of interest .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... this order shall be subject to the final outcome of afr no. 372/2007 before the appellate tribunal for electricity. 48. this appeal has ..... the revised tariffs applicable from 1st january, 2008. this order may be amended reviewed or modified in accordance with the provisions of the electricity act, 2003 and the regulations made thereunder. ..... under the delhi electricity regulatory commission (terms and conditions for determination of transmission tariff) regulations, 2007 read with the provisions of electricity act, 2003 hereby pass this order signed, dated and issued on 20th day of december, 2007. the petitioner shall take immediate steps to implement the said order, so as to make .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... argued that the commissions tariff order dated 20.10.2006 and 18.5.2007 were prior to the order dated 20.11.2007 and the same cannot override the effect of later. 47. section 64(6) of the electricity act, 2003 stipulates that a tariff order shall unless amended or revoked continues to be in force for such period as may be specified ..... in the tariff order. undoubtedly, the commission has powers to review its own order under section 94(f) of the electricity act .....
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