Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... therefore, the rinfra is entitled to be compensated as per the section 70 of the indian contract act, 1872. ..... fulfilled the required conditions under article 8 of the standard wba format in time; (5) in the operation of the power system, the generator or the electricity supply company (escom) have always a remedy to seek under the electricity act, 2003 and the regulations framed there under, and have no right to take law into their hands, since whatever compensation, due to them, could always be obtained through a proper recourse to legal remedies; (6) the receiving ..... in justification of the impugned order submitted that even before the expiry of the ppa, the rinfra followed up with the appellant for execution of the wheeling and banking agreement but the appellant did not act promptly and while the process for execution of agreement was going on, the rinfra was constrained to pump or inject the energy from its wind energy generator into the grid and that therefore, the ..... in the present case, though the contract between the kptcl and rinfra was signed on 14.10.2009, the kptcl has granted no objection certificate as early as on 22.8.2009 i.e. ..... grant of tariff @ rs.3.40/- would amount to allowing the rinfra to make a super profit by taking advantage of its illegal acts. 5. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... tariff to be paid to the generating company which has been mandated is not damages as per section 73 of the indian contract act, 1872 but an amount which offsets the adverse financial impact, namely the generating company is not out of pocket by obeying such ..... not provide for payment of compensatory damages as in the case of contractual relationship where the measures of damages under section 73 of the indian contracts act, 1872 is related to market price prevalent at the relevant time. ..... seide case are as under: 13.1 we are in agreement with the principle adopted by the state commission in offsetting the adverse financial impact on the generators complying with the directions of the state government u/s 11(1) of the act by fixing rate keeping in view the revenue that a generator could have realized by selling power in the short-term market, subject to the said rate covering the cost of generation, so that the generating company ..... of our findings: i) off setting the adverse financial impact on a generator which supplied electricity to the distribution licensees in compliance of the directions of the state government under section 11(1) of the electricity act, 2003 would mean fixing a rate keeping in view the revenue the generator could have realized in short term market subject to the condition that the rate covers the cost of generation so that ..... government had in effect unilaterally amended the said valid contract under the guise of the statutory powers under section 11(1) of the act. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... let us now refer to section 61 of the indian contract act, 1872 which is as under: section 61 of the indian contract act, 1872 where neither party makes any appropriation the payment shall be applied in discharge of the debts in order of time, whether they are or are not barred by the law in force for the time being ..... let us now refer to section 60 of the indian contract act, 1872 which is as under: section 60 of the indian contract act, 1872 where the debtor has omitted to intimate and there are no other circumstances, indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt ..... let us first quote section 59 of the indian contract act, 1872 which is as under: section 59 of the indian contract act,1872 application of payment where debt to be discharged is indicated: where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation, or under circumstances implying, that the payment is to be ..... section 60 of the indian contract act, 1872 provides that the power company is well within its right to consider all payments received in any way as it pleases in the absence of any communication to the ..... respondent submits that section 60 and 61 of the indian contract act alone would apply. ..... section 60 of the indian contract act provides that the first respondent power company is well within its right to set off payments received in any way it pleases, in the absence of any communication .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... of the stand with reference to section 7 of the indian contract act, 1872 the appellant has cited the following authorities:] (a) dresser rand ..... referring to section 7 of the indian contract act, 1872 the respondent has submitted that a valid, binding and concluded contract would come into existence only if the offer is accepted ..... true that section 7 of the indian contract act, 1872 provides that the acceptance must be absolute ..... section 7 of the indian contract act, 1872 must be absolute and ..... settled law that the acceptance must be absolute and unqualified as envisaged under section 7 of the indian contract act, 1872. ..... an absolute and unqualified acceptance in the above text as required under section 7 of the indian contract act, 1872. ..... respondents have contended that acceptance cannot be read into their communications and that is a well settled law that the acceptance must be absolute and unqualified as envisaged under section 7 of the indian contract act, 1872. ..... from the conduct of the parties as per section 8 of the indian contract act, 1872. ..... be expressed, it may also be implied or inferred from the conduct of parties as per section 8 of the indian contract act, 1872. ..... the commission concludes that the loi placed by the petitioner was neither accepted vide letter dated 30thapril, 2004 in a manner which is absolute and unqualified as required under section 7 of the indian contract act nor the correspondence on record establish acceptance by conduct as contended by the petitioner. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... consent is a fundamental tenet of contract law, and is recognized under section 13 and 14 of the indian contract act, 1872. ..... direct the licensee to charge a certain consumer at a rate different from the applicable rate, the tribunal upon examination of the provision of section 62 (3) of electricity act, 2003 observed that the act does not permit the commission to show undue preference to any consumer but differentiation is possible only within the parameters laid down in that section itself and it was not ..... at 11 kv rates to respondent no.3 does not constitute any discrimination against other ht consumers in the state in terms of section 62(3) of the act as both the nature and purpose of supply to respondent no.3 is different from that of other ht consumers as (i) other ht consumers are consumers on request under section 43 of the act, whereas respondent no.3 has not any time requested the appellant for supply of power at 11 kv but has instead been asked to consume it at ..... and the steel company is binding on the wesco it was the stand the steel company and the wesco contended that it was a bilateral contract, as such was beyond the adjudication of dispute under the act, while the commission ruled that nothing should be done contrary to the law. ..... ) to mean where the voltage exceeds 650 volts and does not exceed 33,000 volts under normal conditions subject however, to the percentage variation stated in the indian electricity rules, 1956 or in rules/regulations specified under the act. .....
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..... that in any event the respondent no.2, shaifali rolls having sought the services of parallel operation with an undertaking to pay, is required to pay the charges on the principle of quantum meriut under section 70 of the indian contract act, 1872. 4.10. ..... state commission has rightly held that the claim of the appellants for the parallel operation charge for the period prior to 26.07.2011 is after more than three years and by virtue of article 55 of the limitation act, 1963, a limitation of three years has been prescribed for claiming compensation for any breach of contract and any such claim or compensation beyond a period of three years is barred by limitation. 16. ..... article 55 as provided under part-ii of the limitation act, 1963 which relates to contracts reads as under: for compensation for the breach of any contract, express or implied not herein specially provided for three years. ..... it is also provided that the time from which period begins to run is when the contract is broken or when the breach in respect of which the suit is instituted occurs or when it ceases. ..... 256 of 2003 filed by the geb held that parallel operation charges were leviable under the electricity act but commission directed geb to conduct studies and to identify and quantify the support extended by the grid to the cpp. 11.5. ..... article 55 deals with suit for compensation for the breach of any contract, express or implied not therein specially provided for and the period of limitation prescribed is three years .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... in the said case, the honble supreme court has in paras 9 and 10 observed as follows:- (9) section 72 of the indian contract act is in the following terms: a person to whom money has been paid or anything delivered by mistake or under coercion, must repay or return it (10) as will be observed the section in terms does not make any distinction between a mistake of law or a ..... there is no conflict between the provisions of s.72 on the one hand and s.21 and 22 of the indian contract act on the other and the true principle enunciated is that if one party under a mistake, whether of fact or law, pays to another party money which is not due by contract or otherwise that money must be repaid. ..... judgment of honble supreme court in the case of sales tax officer vs kanhaiyva lal (air 1959 scc page 135) in order to establish their plea that money paid by mistake can be claimed for back or refund u/s 72 of the indian contract act. ..... , however, attempted to be argued on the analogy of the position in law obtaining in england, america and australia that money paid under a mistake of law could not be recovered and that that was also the intendment of s.72 of the indian contract act . ..... , vs union of india has specifically held that section 72 of the contract act contains rules of equity and hence equitable considerations are relevant in applying the said rule. 69. ..... (f) section 72 of the contract act specifically provides that any payment made by the parties by mistake of fact can be claimed back. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... ppa and subsequent amendments/modifications are not hit by section 23 of the contracts act, 1872 and, therefore, not unlawful. ..... the terms novation and alteration or variation have been defined in pollock and mulla indian contract and specific relief acts as under:- novation the world novation is used in the marginal note to the section, and is the accepted catchword for ..... has referred to standard bidding document issued by the ministry of power, government of india regarding procurement of long term power through competitive bidding which had a provision for making up the shortfall in the contracted supplies by the supplier from alternate sources at the ppa rate. ..... the original terms continue to be part of the contract and are not rescinded or superseded except in so far as they are inconsistent ..... settled that the parties to an original contract can, by mutual agreement, enter into a new contract in substitution of the old one. ..... thus defined: that, there being a contract in existence, some new contract is substituted for it either between the same parties (for that might be) or between different parties, the consideration mutually being the discharge of the old contract. ..... licensee paid the iex/pxil rate at its periphery or the contracted rate whichever is lower. ..... ppa had a provision for making good supplies from the alternate sources in the event of delay in execution of the power project or in case of shortfall in supplies from the power project from the contracted schedule of supply. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... . (3) the regional load despatch centre shall- (a) be responsible for optimum scheduling and despatch of electricity within the region, in accordance with the contracts entered into with the licensees or the generating companies operating in the region; (b) monitor grid operations; (c) keep accounts of quantity of electricity transmitted through the regional grid; (d) exercise supervision and ..... . (3) the regional load despatch centre shall (a) be responsible for optimum scheduling and despatch of electricity within the region, in accordance with the contracts entered into with the licensees or the generating companies operating in the region; (b) monitor grid operations; (c) keep accounts of quantity of electricity transmitted through the regional grid; (d) exercise supervision and ..... . ii) according to the electricity act,2003 and the indian electricity grid code, the regional load dispatch centre is responsible for optimum scheduling and dispatch of electricity within the region, in accordance with the contracts entered into with the licensees or the generating companies operating in the region, keep accounts of quantity of electricity transmitted through the ..... both these generating stations are required to jointly handle the operational and commercial issues with respect to the common evacuation system, cannot be countenanced as it is contrary to the provisions of section 28 and 29 of the electricity act, 2003 and the provisions of the indian electricity grid code. 44 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... , kutchh letter dated 31.1.2012, which states that the above letter for permission under section 89(1) (a) of the bombay tenancy and agricultural lands (vidarabh region and kutch area) act 1958 read with rule 45 thereto was submitted by the petitioner on 7.8.2010 and the same was forwarded to the mamlatdar, rapar vide letter dated 16.8.2010 for further action. ..... , kutchh letter dated 31.1.2012, which states that the above letter for permission under section 89(1) (a) of the bombay tenancy and agricultural lands (vidarabh region and kutch area) act 1958 read with rule 45 thereto was submitted by the petitioner on 7.8.2010 and the same was forwarded to the mamlatdar, rapar vide letter dated 16.8.2010 for further action. ..... non performance caused by, or concerned with, the affected partys (i) negligent and intentional acts, errors or omissions; (ii) failure to comply with indian law or indian directive; or (iii) breach of or default under this agreement or any project agreement or ..... examined the above rulings and found that these are relating to interpretation of force majeure condition under specific contracts and frustration of contract or self induced frustration of contract which are not applicable to the present case. ..... it is not the case of the cargo solar that the contract has been frustrated or it has become impossible to perform due to delay in obtaining the statutory clearances or that they will not be able to perform their obligations under the ppa as it has become onerous .....
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