Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... months, and the measure of damages for those months has to be the difference between the ppa rate and the then prevailing market rate as per section 57 of the sale of goods act, and not at the highest cost paid by the petitioner as claimed. in order to determine the market rate for power, we have to go by the weighted average ..... natural and capable consequence of the breach of a contract, or in other words, which could be foreseen. 6) section 57 of the sale of goods act, 1930 provides that, where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.? 7) the measure of compensation depends upon the circumstances .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... : a. the appellant maruti suzuki india limited is a company incorporated under the provisions of the companies act, 1956 and are engaged in the business of manufacture and sale of passenger vehicles under the brand name maruti suzuki having manufacturing facilities at gurgaon and in imt manesar, ..... 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 cost of electricity in a reasonable manner; ..... , 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 cost of electricity in a reasonable manner; .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... engineer of the respondent no.2. the letter is very brief and we reproduce it as hereunder:- with reference to the above subject, we have to inform your good self that we have captive power plant comprising of dg sets. we generate electricity by using furnace oil. due to very much rise in price of furnace oil and ..... following: whenever the power will be sold to guvnl the parallel operation charges to be paid shall be compensated as part of the cost of generation and rate of sale of power shall be accordingly adjusted. [b] meter installation or change in the meter programming for the purpose of meters having agreed integration period. after the issue of ..... charges on captive power plants running in parallel with the grid. the commission by order dated 25.06.2004 held that parallel operation charges was leviable under the electricity act, 2003. some of the respondents in the aforesaid petition no. 256 of 2003 challenged the order dated 25.06.2004 before the high court of gujarat and while .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... shortfall in supply. 13. admittedly, neither the bid documents for procurement of short term supply by the distribution licensee nor the 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 ..... supplied from alternate sources would be on the actual rates at which power was procured by the appellant and the appellant should not be allowed to make profit from sale and purchase of power. 3.13 aggrieved by the impugned order dated 30.04.2012, the appellant has filed this appeal. 4. the appellant has made following ..... it received power from alternate sources. therefore, through the conduct of the parties, all the conditions of a binding agreement i.e. terms in writing and parties unequivocally acting on such terms, were satisfied by the parties. therefore, the distribution licensee could not renege on the terms of the said agreement. 4.4 the original ppa and .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... industrial i.e., for non-agricultural purpose. according to the appellant, because of delay in registering sale deeds, the appellant could not be in a position to obtain any permission under the gharkhed tenancy act. in may, 2011, registration of sale deed was complete and then the appellant approached the collector for permission which was received on 28 ..... and the appellant entered into a supply agreement dated 26.8.2011 with moser baer solar systems private ltd. appointing it as a supplier to procure and supply goods and materials for the appellants project. 6. yet, due to excessive rainfall at the appellants site, the appellants site was flooded and construction had to be ..... the appellant, by letter dated 3.1.2011 which was delivered to guvnl on 15.2.2011, namely, after about 10 months of the ppa submitted a sale deed of the land for new project site and requested guvnl to execute a supplemental power purchase agreement for change of location of their project. the appellant requested .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... and printing films was only in the nature of service contract not involving any sale of goods. it was a case under sales tax. it was held that unless there is sale and purchase of goods, either in fact or deemed, there cannot be any sales tax. in commissioner of customs, the question was whether the first respondent was ..... the appellant is to be considered as a captive generation plant. 11. the central government in exercise of powers conferred under section 176 of the electricity act, 2003 (act 36 of 2003) has made rules called the electricity rules, 2005). rule 3 of the rules of 2005 lays down the requirements of captive generating plant ..... adjusted with jsw steel which is not making any revenue or profit whatsoever on the power supply. c) the liberalization of the captive generation under the electricity act, 2003 was because of the inability of the distribution licensee to meet the growing demand of electricity, particularly, for industrial requirements and, therefore, the captive .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... generation, transmission, distribution and supply of electricity are conducted on commercial principles. (c) the factors which would encourage competition, efficiency, economical use of resources, good performance and optimum investments. (d) safeguarding of consumers interest and at the same time, recovery of the cost of electricity in a reasonable manner. ------------------------------ ( ..... not maintainable. 3.4 on 20.9.2010 amreli power projects ltd., the appellant entered into power purchase agreement ( ppa') with guvnl for sale of power from its biomass project. similar ppa was executed by m/s. junagadh power projects pvt. ltd., the appellant on 26.11.2010 ..... process including the price at which the distribution licensee procures power from the generating companies. under section 86(1)(e) of the electricity act, 2003, the state commission has to promote generation of electricity from renewable sources of energy. 16. national electricity policy envisages exploitation of feasible .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... facts, the appellants alleged misrepresentation, the appellants alleged contradictory stand before the commission, non-availability of alternative evacuation facilities, appellants availability of surplus power and consequential sale of them outside the state of gujarat, and the conduct of the appellant. but the principal issue on which the fate of the appeal would be decided ..... power to any third party prior to the scod. in spirit, this was a declaratory suit within the meaning of section 34 of the specific relief act with no prayer for a declaration to the effect that the apl was under no legal obligation to supply power to the extent of the contracted ..... providing special measures. since then all the arrangements as suggested in studies have been implemented. in view of the above submission and to plan optimum generation / sale of power, we would seek central electricity authority advice on transfer of power through mundra-dehgam line .on 9.2.2012, the central electricity authority by .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... problem of global warming and climate change which further helps reducing the burden of state iv) appreciable reduction in journey time for passenger as well as goods traffic v) energy consumption for freight trains hauled by electric traction is lower as compared to the equivalent load hauled by diesel on road. this in ..... 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 the ..... 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 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... compensation when in consequence of the breach no legal injury at all has resulted because compensation for breach of contract can be awarded to make good loss or damage which naturally arose in the usual course of things, or which the parties knew when they made the contract to be likely ..... amarnesda taluka- kankrej, district banaskantha using new solar photovoltaic grid interactive power plants to produce the electric energy and exercised the option under aforesaid regulations, for sale of entire electrical energy, so produced, for commercial purposes from such project to guvnl. and, whereas, the power producer has taken responsibility to deliver ..... :- a. the appellant, gujarat urja vikas nigam limited, (in short, guvnl) is a government of gujarat undertaking and incorporated under the provisions of the companies act, 1956, having registered office at sardar patel vidyut bhawan, vadodara, gujarat - 390007. b. the appellant has succeeded to the functions of the erstwhile gujarat electricity .....
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