Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 79 warrants issued under sections 77 and 7 Court: appellate tribunal for electricity aptel Page 6 of about 111 results (1.254 seconds)

M/S. Ispat Industries Ltd, Maharashtra Vs. Maharashtra State Electrici ...

Court : Appellate Tribunal for Electricity APTEL

..... for that matter the order of this tribunal as aforesaid with retrospective operation. c) the issue relating to benchmark of the reference period for calculation of asc has already been acted upon and cannot be reopened. 24. according to mr. umapathy, the tribunals judgment as aforesaid was confined to eurotex in relation to the facts and circumstances of the case ..... the utilization of new machinery and idling of labour force. d) if the benchmarking for calculation of the asc applicable to m/s. eurotex is fixed at low levels, it acts as a fetter to m/s. eurotex to avail the incentive for reduced asc units, as also provided under the impugned order. e) the effect of the provisions under clause .....

Chhattisgrh State Power Distribution Co. Ltd Vs. Hira Ferro Alloys Ltd ...

Court : Appellate Tribunal for Electricity APTEL

..... a person engaged in generation in accordance with the regulations specified by the appropriate commission. section 9: captive generation- (1) notwithstanding anything contained in this act, a person may construct, maintain or operate captive generating plant and dedicated transmission lines: provided that the supply of electricity from the captive generating plant ..... those specifically and explicitly conferred upon it by the statute, the commission proceeded upon the erroneous consideration that , since there is no provision in the act enabling the state government to declare the status of a captive generating plant and/or captive users, the commission would have to take on the ..... for captive use of electricity by such shareholders. 15. learned counsel for the appellant, mr. choudary, contends that there is no provision in the act conferring power or jurisdiction upon the commission for determining any generating plant as a captive power plant and the energy thus generated as a captive user .....

Reliance Energy Limited Vs. Maharashtra Electricity Regulatory Commiss ...

Court : Appellate Tribunal for Electricity APTEL

..... original clause 4. the submission of learned senior counsel for the respondent that novation, rescission or alteration of a contract under section 62 of the indian contract act, 1872 can only be done with the agreement of both the parties to a contract and one party cannot unilaterally alter the term thereof is unassailable. 47. ..... . it has further stated that the poa has not been superseded by any other document but remain a binding document albeit subject to the provisions of the electricity act, 2003. 33. as regards package deal, tpc has submitted that the plain language of the poa belies existence of any package deal and that there is ..... december 1998 to march 1999 (i.e. rs. 9 crore for four months). honble supreme court subsequently nullified the aforesaid order as after electricity regulatory commission act, 1998 coming into effect, no authority except state regulatory commission was empowered to determine tariff of the utilities in the state. thereafter rel filed a petition (no. .....

Kerala High Tension and Extra High Tension Industrial Electricity Cons ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... for the state commission made a statement giving an undertaking that the state commission would take into consideration section 61 and 62 of the electricity act, 2003 and various policy documents reflecting the cost of electricity and progressive reduction of cross subsidy while finalizing the tariff proceedings. this undertaking was recorded ..... consumer categories are determined according to the directions given in this judgment and that the cross subsidies are reduced gradually as per the provisions of the act. 41.4. in view of pathetic condition of consumers and distribution feeder and transformer metering, we direct the state commission to take immediate action ..... board had the requisite jurisdiction to revise the tariff till such time the regulatory commission was constituted and the purposes of the electricity regulatory commissions act 1998 could be achieved through it. in the present case the state commission has not determined the tariff for the period prior to its formation .....

M/S. Punjab Bio Mass Power Ltd. Vs. Punjab State Electricity Regulator ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 2010-11. by adopting the double penalty measures, the state commission has caused irreparable financial loss to the appellant, in contravention of section 74 of the contract act, 1872. 12.17. that since the appellant had paid the penalty of rs. one crore, the cod of the plant must have been extended to the ..... timeframe barring force-majeure conditions, especially when preferential tariffs have been/are being allowed by the sercs to encourage the re developers, as mandated in the act and national electricity policy/tariff policy. besides, the respondent pspcl has put forth arguments that due to the petitioners project having not come up on schedule, it ..... in the eventuality of non-availability of committed re power, would have to purchase renewable energy certificates, failing which it can be proceeded under section 142 of the act for levying penalty, the developer(s) of re project(s) too, have a committed obligation to strive to commission their project (s) within the agreed .....

Western Electricity Supply Company of Orissa Ltd. (Wesco) and Others V ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... commission constituted under the provisions of the electricity act, 2003 and is the regulator in the state of orissa. other respondents are the consumer representatives. (iii) all the appellants had filed applications before the respondent ..... reproduced below: (i) each of the appellants is a distribution company having operations in the state of orissa and is registered under the provisions of the companies act, 1956 and is inter-alia, a distribution and retail supply licensee in the state of orissa. (ii) the respondent no.1 is the orissa electricity regulatory ..... the retail supply tariff (rst) order dated 20.03.2013 passed by the orissa electricity regulatory commission (in short, orissa commission) under section 111 of the electricity act, 2003 in case no. 104 of 2012, 105 of 2012 and 106 of 2012 respectively, inter-alia determining the tariff to be charged by the three discoms .....

Kerala State Electricity Board Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL122

..... gaming by the generator. the appellant has butteressed this claim by furnishing operation data in its additional grounds.3. the kseb, constituted by the government kerala under the electricity (supply) act 1948 is an integrated board dealing with the business of generation, transmission and distribution of electricity in the state of kerala.4. rgccpp is a project established in kayamkulam in ..... advised to introduce the abt regime at the state level within one year. thus, the national electricity policy, which is required under sub-section 4 of section 79 of the act to guide the cerc in discharge of its functions, also recognizes the positive impact of the abt regime.17. it is pertinent to note that the aforesaid judgment of the .....

Uttar Pradesh Power Corporation Ltd. (Formerly Uttar Pradesh State Ele ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... its powers. j) the commission is empowered to frame regulations and specify terms and conditions for determination of tariff under section 61 of the electricity act, 2003. while framing these regulations, commission is guided by certain guidelines mentioned under the said section. safeguarding of consumers interest and yet at the ..... specify the grid code having regard to grid standards etc. had specified various regulations to discharge its statutory functions and to achieve the purposes of the act. the commission is implementing these regulations in order to regulate interstate transmission of electricity, to ensure non-discriminatory open access, to promote competition and ..... 25.10.2011 passed by the central electricity regulatory commission, new delhi in petition no. 21 and 22 of 2011, under section 111 of the electricity act, 2003, whereby the respondent no. 1 - central electricity regulatory commission (hereinafter called the central commission) allowed petition no. 21 of 2011 and held .....

East Coast Railway Through Chief Electrical Distribution Engineer Vs. ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 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 ..... 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 ..... question for our consideration as to whether directive issued by ministry of power, government of india in 1991 is binding on the state commissions constituted under electricity act, 2003. also whether the appellant is entitled for concessional tariff by virtue of it being a public utility? 18. this question has already been dealt with .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... f.11(118)/2001-power/ - in exercise of the powers conferred by section 12 and other applicable provisions of the delhi electricity reform act, 2000 (delhi act no. 2 of 2001) and pursuant to the decision made by the government of national capital territory of delhi on the restructuring of delhi ..... the commission in issuing directions to create regulatory asset, while approving annual revenue requirement and determining the tariff? (b) whether the regulatory commission has acted illegally in directing the discoms to create regulatory asset while approving annual revenue requirement and determining tariff? (c) whether the appellant in each of ..... delhi has been violated by the commission in issuing directions to create regulatory asset, while determining the tariff? (ii) whether the regulatory commission has acted illegally in directing the discoms to create regulatory asset while determining tariff? (iii) whether the appellants themselves came forward and submitted proposal to create " .....