Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 48 amendment of section 63 Court: appellate tribunal for electricity aptel Page 10 of about 117 results (0.130 seconds)

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

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL405

..... with tata electric co. system at 220 kv at salsette or any other suitable location.21. sequel to the above decision, gom amended the rel's license issued under the provisions of 1910 act and incorporated the condition of interconnection. a meeting in regard to establishment of interconnection was held on 29^th june, 1992 between rel ..... any of the terms and conditions of this license, this license shall be liable to be revoked. "the provisions of clause 13a of the license were also amended to read as under: "13a:the licensee agrees that in the event of dispute regarding whether the licensee has carried out its obligations mentioned in sub-clause 4 ..... indicated in the schedule enclosed will be effective from the billing month of august, 90. all other terms and conditions of supply continue to be applicable.a notification was issued 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 .....

Kerala State Electricity Board Vs. Kerala State Electricity Regulatory ...

Court : Appellate Tribunal for Electricity APTEL

..... earlier judgment of this tribunal in karnataka power transmission corporation ltd. vs. karnataka electricity regulatory commission and ors. dated 04.12.07, appeal no.100 of 2007, in which this tribunal, inter alia, held that the commission cannot be allowed to assess the revenue of the licensee on an imaginary sale of power ..... like good performance of the company as also the consumers interest in its expenditure while considering a particular expenditure as properly incurred expenditure while the 1998 act specifically mandates that these factors also should be taken into account while considering whether a particular expenditure is properly incurred expenditure or not, there it is ..... if these two factors which go in favour the consumers are in conflict with the definition of expenditure properly incurred in schedule vi to the 1948 act then it is for the commission to reconcile this conflict and decide whether to accept the expenditure reflected in the accounts of the company or not. in .....

In the Matter Of: Kerala State Electricity Board Vydyuthi Bhavanam Vs. ...

Court : Appellate Tribunal for Electricity APTEL

..... require licenses under the said act. after coming into force of the electricity act, 2003, the appellant had been filing petition for determination of aggregate revenue requirement (arr) and expected revenue from charges (erc) from time to time. accordingly, the state commission passed its tariff order provisionally. 4. on 21.12.2007, the appellant filed a ..... the central commission regulation, 2004 and allowed rs. 290.69 crores only. this is not in consonance with the judgment of the honble supreme court in 2007(3) scc 33 (delhi electricity regulatory commission vs. bses yamuna power limited). 10. the next issue is disallowance of prior period charges. on this issue, ..... , the state commission approved capital investment of rs. 1146.09 crores as proposed by the appellant but towards meeting the interest cost for additional borrowings for 2007-08 and 2008-09 required for capital works, the state commission has merely approved rs. 19.55 crores as interest charges as against the claim of .....

In the Matter Of: Bangalore Electricity Supply Company Ltd Vs. Devange ...

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 .....

Gujarat Urja Vikas Nigam Ltd. and Another Vs. Essar Power Limited and ...

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 .....

Tamil Nadu Generation and Distribution Corporation Ltd Vs. Ppn Power G ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... of the court to order compound interest by way of restitution is not fettered in any way. we request the law commission to consider and recommend necessary amendments in relevant laws . 116. the state commission in the impugned order directed the parties to the monthly annual invoice giving effect to the rs.0.15 ..... side:- thiru s. narayanan / managing director thiru b. sundaramurthy / g.m technical. 99. only thereafter, the power company, respondent submitted annual invoices in july, 2007 taking into consideration the decision taken during the minutes of the meeting on 22.1.2005, the communication dated 31.5.2006 of the appellant regarding fixing of the capacity ..... that the appellant cannot claim eligibility for the rebate. 30. the second issue is the jurisdiction and scope of section 86 (1) (f) of the act. 31. according to the appellant, the state commission instead of referring the dispute for arbitration as this case involves various complicated issues, arbitrarily decided to adjudicate .....

M/S. Karamchand Thaper and Bros (C.S.) Ltd., Vs. M/S. M.P. Power Tradi ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... guidelines and all possibilities should be explored for obtaining advance booking as per clause 9 to 12 of cerc regulation no.l-7/105(121)/2007 dated 21.1.09 and amendment made time to time, failing which the compensation shall be applicable for the full/deficit quantum of power in the open access application for ..... acceptance . 23. as per this section, the acceptance must be absolute , unconditional and unqualified 24. let us now refer to section 8 of the indian contract act which reads as under: section 8 acceptance performing conditions, or receiving consideration: performance of the conditions of proposal, or the acceptance of any consideration for a reciprocal promise ..... for sale of above surplus power. this letter also would not indicate that absolute acceptance by the appellant was made and communicated under section 7 of the contract act. on the other hand, it has been intimated to the respondent to look for an alternative arrangement for sale of power. (e) thereafter, there were .....

East Coast Railway Through Chief Electrical Distribution Engineer Vs. ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... cost of supply should have been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy provides that ..... average cost of supply and not on the basis of the category wise cost of supply. the dispensation granted by the oerc is keeping in accord with the amended regulation 7(c) (iii) of the commissions tariff regulations. ii) that further even in the judgments of this tribunal dated 30-5-2011 in tata ..... electricity regulatory commission this tribunal held that by not creating a separate category for railway traction, the state commission has not violated any provision of the electricity act, or tariff policy or the tariff regulations. admittedly in some other states the state commissions have created a separate category for railway traction. however, this could .....

Indian Energy Exchange Limited New Delhi Vs. Central Electricity Regul ...

Court : Appellate Tribunal for Electricity APTEL

..... national electricity policy notified by the central government, emphasized the need to promote the power market development that would make it feasible to finance projects with competitive generation cost outside the long term power purchase agreement framework. the power exchanges have been recognized as one of the avenues of power market development helping ..... quoted below: clause 1.4: these bye laws shall at all times be read subject to the provisions of the electricity act, 2003 hereinafter referred to as ea, 2003) as amended from time to time and directives, orders, guidelines, norms and circulars issued by the central electricity regulatory commission or government of india ..... and ultimately gave final approval to the appellant as it was satisfied that the appellant fulfilled the requirement of the guidelines by the order dated 31.8.2007. (vi) pursuant to the above, the appellant finalized the bye- laws and rules in accordance with the guidelines issued by the central commission and .....

Powergrid Corporation of India Ltd, Haryana Vs. Central Electricity Re ...

Court : Appellate Tribunal for Electricity APTEL

..... part while calculating the availability of appellants transmission system for the year 2006-07. the import of the tariff regulation 2004 along with its first amendment providing for calculation of availability of the transmission system as per appendix iii to the said regulations provides that the availability of each category of the transmission ..... of the healthy pole which resulted in loss of generation, and resultantly transfer of electricity to the southern region was affected. the srpc on 03.05.2007 certified the availability of the talcher-kolar transmission system at 96.98% as against 97.53% as claimed by the appellant strictly in terms of the ..... of transmission elements for the following contingencies shall be excluded from the total time of the element under period of consideration. i) outage of elements due to acts of god and force majeure events beyond the control of the transmission licensee. however, onus of satisfying the member secretary, reb that element outage was due to .....