Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-22-2006
Reported in : (2008)LCAPTEL203
..... trader in the electricity sector to be represented before us.8. as regards other preliminary objections, it will be necessary to have a look at section 121 of the act. section 121 reads as under: 121. the appellate tribunal may, after hearing the appropriate commission or other interested party, if any, from time to time ..... or charge along with interest equivalent to the bank rate without prejudice to any other liability incurred by the licensee.15. thus, according to sub-section (1) of section 62 of the act, the appropriate commission is empowered to determine tariff for; (i) supply of electricity by a generating company to a distribution licensee; (ii) ..... of tariff by the regulatory commissions and only the transmission and wheeling charges with surcharge is envisaged to be regulated (see section 42(4) of the act). as per section 63 of the act where tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the central government, it .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-13-2006
Reported in : (2007)LCAPTEL1080
..... basic services only and nowhere it deals with "ancillary services" as seen from preamble, various definition clauses and parts ii to x of the 2003 act. section 61 and 62 of the act do provide for tariff determination: (i) for supply of electricity by a generating company to distribution licensee.the above services are basic services. there is ..... and accepted by the third member.14. mr. j.j. bhatt senior counsel appearing for the first respondent rel contended that the construction placed on section 123 of the electricity act 2003 by senior counsel mr. chagla is neither tenable nor sustainable and that the only option open for the 3^rd member, is to answer the ..... the rel are independent of each other; and 6. after delivering separate judgment, the two-member 1^st bench, made the present reference in accordance with section 123 of the electricity act, 2003, as there is disagreement between the two hon'ble members of the 1^st bench.7. accordingly, the hon'ble chairperson referred the matter .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-13-2006
Reported in : (2006)LCAPTEL278
..... legitimate cost and over estimated the revenue while approving the arr? 9. before taking up the points for consideration it is essential to refer the statutory provisions of the electricity act, 2003. section 60(1) provides that the appropriate commission shall be guided by the principles and methodology specified by the central commission for determination of tariff for generation, transmission and distribution ..... the regulatory commission shall be guided by the national electricity policy, national electricity plan and tariff policy published under section 3 of the act.11. we will first take up the contention advanced by the appellant, viz. non pass through of actual interest cost in the tariff and provision for principal repayment of ntpc .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-13-2006
Reported in : (2007)LCAPTEL626
..... october, 2005, 30^th september, 2005.38. the above omissions or defaults enumerated do not fall under clause (a), (b),(c) or (d) of sub-section (1) of section 24 of the electricity act, 2003. even so, the appellants have submitted factual details of the action taken with respect to each one of them. that apart it is the commercial action ..... from the impugned order, has not made up its mind to proceed against the appellants under one or more of the said clauses of sub-section (1) of section 24 of the electricity act, 2003. gravamen of allegations extracted by the commission in its proceedings, also it did not specify its action as falling under one or more clauses ..... management of three discoms.on the other hand the directions setout in para 30 and 31 subtantially interfere with management of the three discom companies. under section 24 of the act notice has been issued calling upon the appellant to show cause as to why license should not be suspended. had an order of suspension been passed .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-13-2006
Reported in : (2006)LCAPTEL267
..... the contention that oerc did not have jurisdiction to issue the impugned directions is a misreading of the provisions of the orissa electricity reform act and in particular section 11 of the said act.11. mr. r.k. mehta, advocate appearing for the contesting respondent contended that oerc has all the incidental and ancillary power as ..... the discoms. direction, if any, could be issued to the licensees by exercise of power conferred by section 10 or 11 or other provisions of the orissa electricity reform act and /or the electricity act, 2003.the oerc act in no way confers jurisdiction or power on the oerc to issue directions to the appellant.30. ..... connected therewith or incidental thereto.16. chapter ii of the act provides for establishment and constitution of orissa electricity regulatory commission. section 10 of the act prescribes the powers of the commission. section 11 of the act enumerates the functions of the commission.17. as certain clauses of section 11(1) are relied upon by mr. r.k. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-13-2006
Reported in : (2006)LCAPTEL590
..... 15. it is further pointed out that in the absence of principles and methodology or other statutory requirements, the commission should have acted strictly in terms of section 61(a) of the act. the inter-state wheeling income earned has also been taken into consideration and there is neither merit nor substance in the various ..... against depreciation amounting to rs. 48.09 crores, contrary to national tariff policy, which policy is also binding on all the respondents in terms of section 61 of the electricity act, 2003.8. secondly, it is contended that the regulatory commission has allowed repair and maintenance costs (r&m expenses) without reference to past ..... not liable to be interfered. it is contended that the provisions of national tariff policy is only a guideline and not mandatory in nature. section 61(a) of the electricity act, 2003 also enables the central regulatory commission to specify the terms and conditions for determination of tariff to transmission licensees, which shall be .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Nov-28-2006
Reported in : (2006)LCAPTEL842
..... dated 13^th april, 2006 as non-compliance of its orders, the commission made an order dated 27^th april, 2006, taking cognizance under section 142 of the act and provisionally deciding to impose a penalty of rs. 25,000 and called for explanation of the board. the board submitted its explanation by letter dated ..... that directions relate to innumerable number of consumers exceeding several lakhs of consumers and therefore, the merc is justified in invoking the powers under sections 129 and 130 of the act. we are unable to sustain the said persuasive contention advanced. be it a single or innumerable, with respect to grievance or complaint regarding ..... th september, 2005, the regulatory commission framed the chhattisgarh state electricity supply code 2005, in exercise of powers conferred by section 43(1) read with section 181(1), 44, and 46 of the electricity act, 2003 to govern the distribution and supply of electricity and the procedures thereof such as the systems of billing, modality .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Nov-28-2006
Reported in : (2007)LCAPTEL565
..... letter dated 13^th april, 2006 as non-compliance of its orders, the commission made an order dated 27^th april, 2006, taking cognizance under section 142 of the act and provisionally deciding to impose a penalty of rs. 25,000 and called for explanation of the board. the board submitted its explanation by letter dated ..... that directions relate to innumerable number of consumers exceeding several lakhs of consumers and therefore, the merc is justified in invoking the powers under sections 129 and 130 of the act. we are unable to sustain the said persuasive contention advanced. be it a single or innumerable, with respect to grievance or complaint regarding ..... september, 2005, the regulatory commission framed the chhattisgarh state electricity supply code, 2005, in exercise of powers conferred by section 43(1) read with section 181(1), 44, and 46 of the electricity act, 2003 to govern the distribution and supply of electricity and the procedures thereof such as the systems of billing, modality .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Nov-23-2006
Reported in : (2006)LCAPTEL505
..... has to be sanctioned as per the compromise arrived at between the parties. in a later decision, their lordship of supreme court held a scheme under section 391 of the companies act 1956, is a commercial document and such agreement of amalgamation must be construed in a manner as understood.37. in saraswati industrial syndicate ltd. v. ..... was annexed to the 2^nd supplementary agreement dated 1^st may, 2004.9. the first respondent, board, moved the second respondent, regulatory commission, under section 64 of the electricity act, 2003 namely for determination of tariff for various category of consumers in the state of chattisgarh for the year 2005-06 in the state. the tariff ..... start up power from out of the power being drawn from the captive consumer from the electricity board. in view of the restrictions imposed by section 28 of the indian electricity act 1910, m/s. mpl could not have engaged in supplying electricity except with the previous sanction of the state government. it is in this .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Nov-23-2006
Reported in : (2006)LCAPTEL1031
..... from the very nature of power of exemption granted to the government under section 25 of the act, it follows that the same is with a view to enabling the government to regulate, control and promote the industries and industrial production in the ..... "public interest" is an exercise of the statutory power of the state under the law itself as is obvious from the language of section 25 of the act. under the general clauses act an authority which has the power to issue a notification has the undoubted power to rescind or modify the notification in a like manner. ..... batch of appeals. the second respondent, discom, in this batch of appeals submitted separate petition before the regulatory commission on 23^rd august, 2004 under section 62 & 64 of the electricity act, 2003 for revision of distribution tariff to be effective from 1^st december, 2004. the first respondent, regulatory commission, after due publication, invited .....
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