Court : Appellate Tribunal for Electricity APTEL
..... assuming that the appeal has been filed only against the review order dismissing the same, this appeal is maintainable as per the provisions of the electricity act, 2003. the electricity act, 2003 is a special statute enacted for the purposes of regulating all the aspects of electricity supply. it lays down a complete procedure for filing complaints ..... 5) the right to appeal is not merely a matter of procedure. it is a matter of substantive right. therefore, the special provisions contained in the electricity act, 2003 is in conflict with the cpc containing special provisions alone will prevail over the same. in support of the said submission, the learned counsel for the ..... the appellate tribunal is excluded from invoking provisions of the code of civil procedure in a proceeding before the tribunal, in view of section 120 of the electricity act, 2003. (ii) whether the present appeal is maintainable in view of the prohibition contained in order 47, rule 7 of the code of civil procedure. 13 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... provisions and the generating companies have the freedom to enter into contract with a distribution company subject to the regulating provisions contained in the 2003 act, but while supplying electricity to a distribution agency, in turn the generating company would be subject to approval and directions of the commission. in ..... to finalize the competitive bidding process in accordance central governments guidelines, standard document of request for proposal and the ppa. under section 62 of the act, the state commission is required to collect various relevant data and carryout prudence check on the data furnished by the licensee/generating company for the ..... by the central government. 22. let us now examine the competitive bidding guidelines issued by the government of india under section 63 of the electricity act, 2003. the provisions relating to approval by the state commission and other conditions in the competitive bidding guidelines for medium term procurement where location, technology .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Delhi
..... the 33 kv distribution system on which the electricity is being rolled to the appellant. no further elaboration is required. 15. the commission ought to have acted in consonance with the aforesaid decision of the tribunal. both judicial discipline and propriety require the commission to comply with the orders of the tribunal, irrespective of ..... and lt consumers, and is, thus, unjustly been levied with a surcharge. such cross-subsidization or levying of surcharge is neither contemplated nor permissible in the electricity act, 2003 specially with respect to wheeling of captive power. j. wheeling charges for open access is determined under clause 14.3 (b) of the west bengal ..... appellant has a captive power plant at hirakud, orissa. on october 31, 2003, the appellant filed an application under sections 9 and 42 of the electricity act, 2003, before the commission seeking permission for open access to wheel surplus captive power of an approximately 9 mw from its power plant to its belur factory. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... in a subsequent year. in the case of radhasoami satsang the appellant trust was being given benefit of exemption under section 4(3)(1) of the income tax act 1922 on the finding that the offerings to the trust/the satgurus were not used for the personal use of satgurus and the offerings were given the trust ..... reasons: 10) from the facts narrated above, the issue of dvb arrears is simple. the dvb, which stood unbundled after coming into force of the delhi electricity reforms act, 2000 and the transfer scheme was entitled to receive certain payments from the consumers and, perhaps some other parties. at the same time dvb was also liable to pay ..... transco. ltd. (dtl for short). the background facts of the case are as under: 2) on coming into force of delhi electricity reform act 2000 and the statutory transfer scheme notified under that act the erstwhile delhi vidyut board (dvb for short) was unbundled into several entities. on such unbundling the appellant delhi transco ltd. or dtl was .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... limited (r-2) filed a petition in petition no.227/2010 before the state commission under section 142 read with section 86 (1) (f) of the electricity act praying for immediate compliance of the orders of the state commission dated 4.11.2006 confirmed by the appellate tribunal. however, the state commission, after hearing the parties, ..... the commission. 11. as the petitions have been filed before the commission for review of the commissions order dated 6.1.2011under section 94(1)(f) of the act, the conditions prescribed under order xlvii of civil procedure code are to be satisfied for review. review under the cpc is permissible under order xlvii, rule 1 on the following ..... error can be rectified by way of a review jurisdiction under the order 47 and rule-1 of civil procedure code read with section 94 (1) (f) of the electricity act, 2003 ? 6. before dealing with this question it would be better to quote relevant discussion and finding of the state commission in the impugned order which are as .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... 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 ..... companies are to be treated as captive consumption by jsw steel itself. but the jpocl and boc india limited are independent companies, incorporated under the companies act having their own identities. hence, electricity consumption by these two companies cannot be considered as consumption of jsw steel limited itself, though jsw steel provides facilities ..... 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 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... 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 ..... 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 ..... into the grid and recovered tariff in respect of the same. therefore, the rinfra is entitled to be compensated as per the section 70 of the indian contract act, 1872. vii) the state commission has given clear reasonings in the impugned order while passing the order which is just and appropriate taking into consideration of both the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... is required . it is better we quote sub-section (3) of section 62:- the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumers load factor, power factor, voltage, total consumption of electricity during ..... the nature of supply and the purpose for which the supply is required. {emphasis supplied} 59. bare reading of this section would imply that the act does not permit the appropriate commission to show undue preference to any consumer. however, the commission may differentiate the tariff based on certain parameters defined in ..... distribution licensee is entitled for wheeling charges for utilization of its distribution system. 86. wheeling has been defined in section 2(76) of the electricity act 2003 and is quoted below: (76) wheeling means the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... necessary for this tribunal to give appropriate directions, to correct this situation by invoking the powers under section 121 of the act which is permissible under law. so, the second question is also answered accordingly. (vi) fuel and power purchase cost is a major expense of the distribution ..... companies, it would be necessary that the state commissions also to provide for power purchase cost adjustment formula as intended in the section 62(4) of the act to compensate the distribution companies for the increase in cost of power procurement during the financial year. in the above situation, as indicated above it has become ..... licensee. the fuel and power purchase cost is also uncontrollable and it has to be allowed as quickly as possible according to the tariff policy. the electricity act, 2003 under section 62(4) has specific provision for amendment of the tariff more frequently than once in any financial year in terms of fuel surcharge formula .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... was free to sell 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 capacity unless and until .....
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