Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Court: appellate tribunal for electricity aptel

Gail Gas Ltd. Vs. Petroleum and Natural Gas Regulatory Board

Court : Appellate Tribunal for Electricity APTEL

..... to the above bid documents and the public notice issued under the petroleum board regulations before the appropriate forum, this tribunal cannot decide about the validity of clause 2.8.3, especially when the appellant has already accepted this bid condition and submitted the same before the board that too in the appeal challenging the letter dated 24/3/09 issued by the board. 24. ..... counsel for the appellant is that the impugned letter dated 24/3/09 declining the request made by the appellant for revising its bid on the strength of clause 2.8.3 of the bid document is not legally valid, since the said clause 2.8.3 is against the mandate of section 5 of the indian contract act. ..... appellant accepted the bid conditions and submitted the same in time and thought it fit to approach this tribunal challenging the letter dated 24/3/09 only after knowing the result of the tender process in which it was announced on 4/5/09 that the other bidder was a successful bidder and not before that. ..... 2008 to extend the last date of submission of bid in respect of the said tender by one more month in order to ensure a competitive environment for the bids. ..... 3/3/09, the appellant was the sole bidder to the said tender and no other entity had submitted its bid to the board ..... filed not immediately after letter of rejection of request is received, but only after announcement of the result of the board disqualifying the appellants application and announcing the result of the tender in favour of the other bidder. 14. .....

Nabha Power Limited and Another Vs. Punjab State Power Corporation Ltd ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... (i) the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal, of any law or (ii) a change in interpretation of any law by a competent court of law, tribunal or indian governmental instrumentality provided such court of law, tribunal or indian governmental instrumentality is final authority under law for such interpretation or (iii) change in any consents, approvals or licenses available or obtained for the project, otherwise than for default of the seller, which ..... cannot be penalized by increase in tariff for failure on the part of the appellant to verify the correctness of the data regarding the seismic zone of the project when it had acknowledged sufficient opportunity to investigate the site and taken full responsibility for its condition in the ppa and there was a disclaimer in the rfp/rfq by ..... indian railway act, 1989 further mandates that prior approval of appropriate authorities under the railway act is required in terms of section 21, 22 ..... , were provided to the prospective bidders, only by way of facilitation and without any legal implication, obligation or responsibility towards the information provided or otherwise creating any right to bidders ..... was not only logical but also legal for the appellant no.2 to rely ..... a specific stipulation of there being no legal liability of the respondent no.1. ..... it is in this light that a legal requirement has been cast on the procurer to provide various project related data including seismological data .....

Uttar Pradesh Avas Evam Vikas Vs. Uttar Pradesh Power Corporation

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL1

..... in order to decide the question, we need to examine clauses (a) and (h) of section 10 of uper act, 1999.clause (a) of section 10 of uper act, 1999 empowers the state commission to fix the tariff for electricity, while clause (h) of section 10 thereof vests it with the power to regulate the working of licensees and other persons authorized or permitted to engage in the electricity industry in the state and to make their working efficient ..... therefore, the state commission, constituted under section 17 of the electricity regulatory commissions act, 1998 and continued under section 3(1)(b) of the uper act, 1999, acquired the power to regulate or fix the supervision charges of the respondent for the work of installation of transmission ..... electricity regulatory commission has been assigned functions under section 10 of the act to regulate the distribution, supply, utilization of electricity, issue licences to regulate the working of the licensees and to set the standards of services for the consumers as well as standards for the electricity ..... estimate shall be prepared as per the provisions of the indian electricity act, 1910 and on the basis of charges approved by ..... to notice that the code of 2002 has a statutory flavour as it was formulated to carry out the functions assigned to the uperc under section 10 of the uper act, 1999. ..... notification dated 2nd june, 1982, issued under rule 133 read with proviso to sub-rule (1) of rule 45 of the indian electricity rules, 1956, permitted the u.p. .....

The Tata Power Company Limited, a Company Incorporated Under the India ...

Court : Appellate Tribunal for Electricity APTEL

..... if this practical consideration is taken to its logical extreme than there will be ample scope of counter argument and the fact is that the appellant is a corporate entity and when there is no legal inhibition of launching new power project having implication definitely of risk factor the rate of interest that a financial institution charges and which cannot be questioned because of being an uncontrollable factor has ..... terms of regulations 63.7, the additional investment in contingency reserve required for tata power was rs.2.18 crores (0.5% of the gross fixed assets), the additional investment of rs.121 crores was lying in approved securities under the indian trusts act and for the year in question, the investments were made in government of india bonds and nabard bonds. ..... , no such appropriation shall be allowed which would have the effect of increasing the reserve beyond the said maximum: provided further that the amount so appropriated shall be invested in securities authorized under the indian t rusts act, 1882 within a period of six months of the close of the financial year. ..... 8.6 with regard to disallowance of contribution towards contingency reserves, it has been submitted that as per the sixth schedule of the electricity (supply) act, 1948 and the regulations63.7 of the merc tariff regulations, contingency reserves that are appropriated have to be invested in certain approved securities and the income accrued to such investments have to be passed on to the consumers as .....

Tamil Nadu Electricity Board (Tneb), Chennai Vs. Neyveli Lignite Corpo ...

Court : Appellate Tribunal for Electricity APTEL

..... state of gujarat, the honble supreme court observed as follows: it is true that a party is entitled to wait until the last day of limitation for filing an appeal but when it allows the limitation to expire and pleads sufficient cause for not filing appeal earlier, the sufficient cause must establish that because of some event or circumstances arising before the limitation expires, it was not ..... there are two important considerations which have to be borne in mind while considering the condonation of delay: (i) the expiration of the period of limitation gives rise to the legal rights in favour of the decree holder to treat the decree passed in their favour as binding between the parties. ..... 30th (e) even assuming that the agreement between nlc and tneb is contrary to the regulations, even then nlc is liable to restore the benefit which has accrued to it under the said void contract as provided under section 65 of the indian contract act. ..... considerations the 1st consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to right in favor of the decree holder to treat the decree as biding between the parties and this legal right which has accrued to the decree holder by lapse of time should not be light-heartedly disturbed. ..... law of limitation fixes the life span for over legal remedy for the redress of the legal injury suffered. ..... law of limitation fixes the life span for every legal remedy for the redress of the legal injury suffered. .....

Maharashtra State Power Vs. Maharastra Electricity

Court : Appellate Tribunal for Electricity APTEL

..... by the appellant that the norms applied should be ceiling and actual values of the operational parameters should be considered subject to the ceiling norms, is inconsistent with the provisions of the act, which mandates encouraging efficiency, competition, good performance etc.therefore, we are of the opinion that the interest on working capital should be determined on normative basis, which may sometimes be more or ..... the appellant has also submitted that keeping in view the provisions of section 61 (h) of the electricity act, 2003, the appellant should have been given the benefit of tariff applicable in ..... the appellant has submitted that it had sought for incentives in respect of recovery of reactive energy charges on the ground that when the stations of the appellant are called upon by the sldc at various points of time exclusively for reactive energy generation/absorption for grid stabilization, no active power ..... bearing securities, given to employees as advances, c) where the commission allows expenditure on maintenance of staff quarters and other buildings, rental incomes from such quarters or buildings; d) income by way of sale of tender forms relating to expenditures allowed for execution certain contracts, studies, etc, 73. ..... of the reform and restructuring of the erstwhile mseb, to facilitate efficient operation of power generation and promoting competition to protect interest of consumers in the state as mandated in the preambles of the indian electricity act, 2003. .....

Municipal Corporation of Greater Vs. Maharashtra Electricity

Court : Appellate Tribunal for Electricity APTEL

..... should be a power purchase agreement (ppa) between tpc and bses with standby support from mseb to ensure reliability of power supply to mumbai bses has contended that tpc has neither provided any legal justification nor any tenable reason to substantiate for a ppa between tpc and bses, bses has also objected to tpc's allegation of breach of obligation by bses. ..... under section 36 of supply act the board could even direct the closure of generating station owned by a licensee (who had a license under the indian electricity act, 1910 (1910 act ..... direct or control will include within it all aspects as to who is to make the constructions under that conditions the construction can be altered, who is to occupy the recommendation and for how long, on what terms it is to be occupied, when and under what circumstances the occupant is to ceased to occupy it, and the manner in which the accommodation is to be utilized. ..... reply dated august 24, 1999, cea assured tata power that these concerns would be gone into when mseb approached the cea for consultation under section 44(2)(a) before giving consent to bses. ..... section 60 of the said act clearly empowers the commission to intervene when inter alia a generating company takes steps that cause adverse effect in the competition in the ..... have held that the commission has wide powers to regulate the quantity of energy that may be supplied by a generating company to distribution licensees when both are under its jurisdiction, appeal no.159 of 2007 and appeal no .....

Torrent Power Limited, Vs. Gujarat Electricity Regulatory Commission

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... , on account of migration from one distribution licensee to another, shall be attributable to controllable factors provided further that if any consumer or category of consumers within the area of supply of the applicant is eligible for open access under sub-section (3) of section 42 of the act, then any variation in the number or mix of such consumers or quantities of electricity supplied to such eligible consumers shall be attributable to controllable factors; (e) transmission loss; (f) variation in market interest rates; (g) taxes and statutory levies; ..... in our considered view the last clause of para 8.1.7 of the tariff policy comes into play only when the arr filing is so enormously delayed that the appropriate commission is made to issue a tariff on its own suo moto regulatory scrutiny. ..... in view of the above, we are of the view that when the regulations of the state commission specifically provides that the formula specified by the national tariff policy shall be followed for calculation of cross subsidy surcharge and when the national tariff policy provides for the specific formula, the state commission is bound to follow its own ..... the present case the gap between the beginning of the fy and the date when the new myt becomes effective is nearly a month. ..... even for few hours during the day, one day in advance from the power exchange whenever the prices in the exchange are low and arranges short term power through traders when the electricity is available at favourable rates. .....

Vemagiri Power Generation Vs. Transmission Corporation of A.P.

Court : Appellate Tribunal for Electricity APTEL

..... the bench observed thus: in this behalf, it is very pertinent to note that even though section 11 starts with a non-obstante clause which provides that the functions are to be exercised "notwithstanding anything contained in the indian telegraph act, 1885" the section nowhere provides that the functions are to be exercised notwithstanding "any contract or any decrees or ..... authority would not, in such a case, be free to denounce the stipulation as a nullity and claim to exercise its statutory power in disregard of it.xxx xxx xxx neither seciton 49 nor section 59 of the electricity supply act confers any authority on the board to override a contractual stipulation as to rates in derogation of such contractual stipulation, even if it finds that the rates stipulated in the contract are not sufficient ..... 2.82 crores per mw based on the capital cost of rs.1043 crores, which is on the high side when compared to renovation and modernization(r&m)of some of the units of apgenco at only half the above cost while achieving substantial improvements in plfs, capacity and increase ..... the statute even when they are not ..... the principle that when a public authority is entrusted by statute with a discretionary power to be exercised for the public good, it cannot, when making a private contract in general terms, fetter itself in the use of that power or in the exercise of such ..... , 1997, when the initial ..... " it is well settled now that when the legislature intends to confer on a body the power to vary .....

In the Matter Of: M/S. Enercon (India) Limited, Jaipur and Another Vs. ...

Court : Appellate Tribunal for Electricity APTEL

..... , a company engaged in the business of establishing and operating wind based power generation projects, and the second, namely, indian wind power association (rajasthan state council), an association of wind energy developers operating as a federal organization, against the order dated 6th august, 2010 passed by the rajasthan electricity regulatory commission, the respondent no ..... (g) the order dated 06.07.2010 which was passed under section 111 of the electricity act was not challenged. ..... ramachandran that the arguments of the respondents would lead to an absurd situation when a developer sets up his generating station in the year 2012-12 or 2013 ..... considering that similar difficulty may arise in future also as and when mat/tax rate gets changed and therefore, commission is also of the view that necessary changes in the regulation may be made to obviate the necessity of invoking powers of regulation 134 for removal of difficulty in every such ..... what is required is harmonious construction of the regulations as a whole and when we do so we are to observe that the regulations are applicable for any tariff order in respect of any wind power project to be commissioned within the myt control period. ..... project within the control period subsequent to the fy 2009-10 will not be in a position to know the deficiencies and mistakes occurring in the tariff determination order dated 16.07.2009 and the door cannot be shut upon him when he raises any mistakes or deficiencies in the base tariff order. .....