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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: appellate tribunal for electricity aptel Year: 2011 Page 2 of about 42 results (0.037 seconds)

May 24 2011 (TRI)

M/S. Utkal Chamber and Commerce and Industry Vs. Orissa Electricity Re ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-24-2011

..... to a subsidy from other consumers to these consumers. in earlier years, when incentive was given to the consumers who would not reduce their contract demand during the next three years, there was lower utilization of ntpc power stations, inadequate evacuation facility and need to encourage lesser use of captive ..... commission has not determined the cost of supply and cross subsidy by the subsidizing category of the subsidized category to show whether the objective of the act and tariff policy to gradually reduce the cross subsidy has been met or not. however, the respondent distribution company (wesco) has, in its ..... commission shall be applicable from the date of issue of orders by the commission in this regard. 20. as per section 108 of the electricity act, 2003, the state government can issue policy directions to the state commission involving public interest. the state government is also entitled to issue policy ..... , reduction in bulk supply tariff and government subsidy, etc. 15. the commission is to be guided by section 61 (d) of the electricity act. according to this, the state commission shall have to take into consideration the consumer interest and at the same time, recovery of the cost of ..... consumers? (iii) whether the impugned order has taken into consideration, the policy directives of the state government issued u/s 108 of the act in public interest which has categorically directed that there should be no tariff hike till the year 2009 and it is the responsibility of the .....

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Feb 24 2011 (TRI)

Chattisgarh State Power Distribution Co. Ltd. Daganiya, Raipur Vs. Ara ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Feb-24-2011

..... consumer. therefore, the state commission had no jurisdiction to entertain and adjudicate upon the said dispute. (ii) the additional demand charges for exceeding the contract demand billed by the state electricity board strictly in accordance with the tariff order of the state commission, the same had to be implemented without exception ..... .6.2009 and 7.9.2009, the appellant has filed the appeal only on the issue of waiver of additional demand charges for exceeding the contract demand. on this issue, the learned counsel for the appellant would make the following submissions to question the finding rendered by the state commission with ..... month of june, 2008, the electricity board issued bill dated 21.6.2009 demanding the additional charges for the excess demand over and above the contracted demand of 3.125 mva at 1 times the normal tariff as per tariff order. 7. challenging the same, arasmeta captive power co. ltd., ..... 9.7.2008, the 1st respondent, arasmeta captive power co. ltd., requested the erstwhile electricity board, the predecessor of the appellant, to reduce its contract demand to zero with effect from 16.8.2008. this was not accepted by the electricity board and the same was communicated to the appellant by ..... state commission under section 86(1)(f) and 86(1)(k) of the electricity act, 2003 with two prayers, i.e., (i) for the direction to the licensee, i.e. electricity board, to permit reduction of existing contract demand to zero and to bill for the power drawn, if any, at the .....

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Apr 27 2011 (TRI)

Maharashtra State Power Generation Co. Ltd Mumbai Vs. Maharashtra Elec ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Apr-27-2011

..... of time over run has to be shared equally between the generating company and the consumers. admittedly, there is no enhancement in cost of the contract price of the equipment as no price variation escalation was permissible to bhel beyond appeal no. 72 of 2010 the schedule date of completion of ..... price variation could have been lower, had the project been completed on time. however, the main reason for increase in completed cost with respect to contract order value is on account of increase of overheads. 77. as regards the impact of time over run on account of delay in the project ..... appeal no. 72 of 2010 mspgcl submitted that it had considered an optimistic target of commissioning the unit in 32 months from date of award of contract to m/s bharat heavy electricals limited (bhel); however, besides the other factors, delay in sequential supplies of material by m/s. bhel ..... mw parli extension project (unit no. 6). the central electricity authority also accorded the techno economic clearance to the project, required under the electricity (supply) act, 1948, on 9.7.1999. 2.2. subsequently, on 14.1.2004, the project implementation commenced with placement of order for main plant equipment on ..... is taken as per the terms of the contract, this may result in imprudent time schedule not in accordance with good industry practices. 7.5. in our opinion, the above principles will be in consonance with the provisions of section 61(d) of the act, safeguarding the consumers interest and at the .....

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Feb 18 2011 (TRI)

M/S. Jayaswal Neco, Industries Ltd, Raipur Vs. Chhattisgarh Electricit ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Feb-18-2011

..... power in open market. 10. the points for consideration are as follows: (i) whether the commission passed the impugned order in contravention of the principles established under the electricity act, 2003, national electricity policy as well as the orders passed by this tribunal from time to time? (ii) whether the commission erred in ignoring the fact that the total ..... the status of captive generating plants, which will entitle them to affect supply to third parties without obtaining a distribution license or without availing open access as mandated under the act, 2003. thus, these would gradually cripple the operation of the respondent no. 2, still burdened with the statutory universal supply obligation, by leaving mostly the subsidized category of ..... before this tribunal are accepted, then by resorting to mechanism such as the lease mechanism: in the present case or in the case of m/s monnet ispat, and acting under the camouflage of an impermissible mechanism of combining self consumption from their own generating plants with the consumption as captive user of another generating plant, generating plants would attain ..... jnil, but it cannot be combined with the consumption of electricity generated by another plant. 3. on 23rd september, 2009 the commission issued notices under section 142 of the act against the appellant and two other generating companies in connection with the aforesaid petition no. 17 of 2008 (m) alleging that self consumption of electricity by the appellant and .....

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May 31 2011 (TRI)

In the Matter of New Delhi Power Limited Ndpl Delhi Vs. Delhi Electric ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-31-2011

..... this shortage of supply in the grid compared to demand leads to under-frequency. even when generating stations generate to their full commitment, there can be excess drawl through un-contracted demand as several states in the northern region overdraw frequently beyond their sanctioned entitlement. if at the same time other states draw their full entitlement, the excess drawl of power ..... :30. 51. it cannot be disputed that the state commission shall be guided by the principles that reward efficiency in performance as provided under section 61(e) of the electricity act, 2003. similarly, the said section provide that state commission shall be guided by the national electricity policy and tariff policy. therefore, the state commission should have allowed the carrying ..... to the reality since it does not take into account the load situation, load mix, demand, under-frequency relay, etc. and the implication of section 43 of the electricity act, 2003. 15. according to the appellant, even assuming that the delhi commission has a right to designate the sale as controllable for the purpose of recovery of supply margin, ..... in the northern and western regional transmission grids. this, in turn, leads to forced load shedding to protect the grid from totally collapsing. 14. under section 43 of the electricity act, 2003, the appellant is under a universal supply obligation. as such, for such supply, the treatment in myt regulations is prudent since it factors in supervening factors outside discom .....

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Mar 22 2011 (TRI)

Uttar Gujarat Vij Company Ltd, Gujarat Vs. Gujarat State Electricity R ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-22-2011

..... point of supply and such other establishments as may be approved from time to time. htp-ii(b) this tariff shall be applicable to supply of energy to ht consumers contracting for 100 kva and above, requiring power supply for residential colonies, townships, educational institutions governed by the government, and defence establishments (establishments under the armed forces and the ..... , private educational institutions running on commercial basis or otherwise do not find mention in express words in either of the three categories. there is word etc. that can act as esjusdem generis to include a private educational institution, if according to the commission the categorization of htp-ii(a) would include all such private educational institutions and that the ..... to be classified under htp-ii(a). section 62(3) is relevant here. it provides 62(3) 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 any specified period or ..... case may be, within the state. (b) . ( c ) . (d) . (e) . (f) . (g) . (h) . (i) . (j) . (k) discharge such other functions as may be assigned to it under this act. 8. subsection (5) of section 42 reads as under: 42 (5) every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is .....

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May 09 2011 (TRI)

Torrent Power Limited, Ahmedabad Vs. Gujarat Electricity Distribution ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-09-2011

..... of the appellant as submitted by ms chauhan as under: clause 1.48: the system peak demand of tpl-d for the year fy 2008-09 is 1494 mw. the contract demand for all the ht consumers is about 444 mw. assuming that total contact demand of ht contributes to the system peak demand, the total demand of lt contributing to ..... in the tariff. this would ensure that the appellant earns permissible return of 14% stipulated in regulation 66 of the regulations and mandate of section 195a of the income tax act is also complied with. the national tariff policy stipulates that the regulatory commission may adopt rate of return as notified by the central commission with appropriate modifications taking into view ..... into capital expenditure (apportioned to the quantum for the purpose of performing the business electricity in the present debt equity on structure) plus permitted incentives minus penalties leviable under the act/regulations for that year. the incentives would result from normative targets on aggregate technical and commercial losses (atandc) for the licensee. the commission would define the atandc targets in line ..... for one month (b) maintenance spares at 1% of the gross fixed assets and (c) receivables equivalent to sale of two months. the commission thus misconstrued the statutory regulations and acted contrary thereto. 15. it has been contended further that the commission has apportioned income-tax paid by the company amongst each business using profit before tax (pbt) principle of each .....

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Mar 08 2011 (TRI)

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

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-08-2011

..... new machinery- which requires several trial runs and re-runs of short durations. this entire process of stabilizing the production process with the revised contract demand requires a duration of three to six months. the time taken for stabilization of increased contractual demand is thus quite different from the ..... check undertaken by the commission. thus, in the instant case finalizing the reference period being the billing period six-months after the increase in contract demand has resulted due to prudence check by the commission 33. this tribunal was clearly of the view that criterion for determination of ..... (conduct of business) regulations 2004 seeking inter alia clarification on the benchmark consumption for charging asc in case of the consumers whose sanctioned load/contract demand had been duly increased after the billing month of december 2005 before the commission. the commission by its impugned order dated 3rd august, ..... 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 ..... 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 .....

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May 04 2011 (TRI)

Western Electricity Supply Company of Orrisa Ltd Vs. Orissa Electricit ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-04-2011

..... given in the regulations. the principle of differentiation between the consumption ratio and load factor formulae is that while the consumption ratio is based on maximum demand or contract demand whichever is higher, load factor formulae centres round the basis of maximum demand only. iii) the commission had earlier realized and implemented the principle that if proper incentive ..... of the distribution companies and resorted to maximum demand denominator instead of contract demand or maximum demand whichever is higher as per regulation 2 (aa) of the supply code; but the appellants 14 filed their arr proposals with the commission for ..... licensee as well as charges payable by the consumers were suitably worked out in the confessional incentive tariff keeping the consumption ratio determined on the basis of the principle contract demand or maximum demand whichever is higher. 5. while determining the tariff for the fy 2009-10, the commission deviated from the consumption ratio formula to the disadvantage ..... to achieve, such a situation would amount to put a premium to the inefficiency of the consumers in consuming less than their contract demand. again, such a tariff would be contrary to section 61 ( c) of the electricity act, 2003 which mandates that a tariff should reflect the factor which would encourage competition, efficiency, good performance and optimum investments. 14 .....

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May 31 2011 (TRI)

In the Matter of Mumbai International Airport Pvt. Ltd. Mumbai Vs. Mah ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-31-2011

..... being the distribution licensee. 3. the relevant facts required for the disposal of this appeal are as under. 4. the appellant, mumbai international airport private limited, was awarded contract for the operation, maintenance, development, design, construction, upgradation, modernization, finance and management of the mumbai airport by the agreement dated 04.04.2006. 5. the development and ..... categories. the utility classifies the consumers into the following broader categories : i) residential ii) agricultural iii) industrial iv) commercial v) others. 70. all these 3 acts require that no undue preference should be shown to any consumer but however different tariffs could be fixed depending upon the various factors; one of them being purpose for ..... shall see later. in the light of the above rival contentions urged by the respective counsels, the following questions may arise for consideration: (i) does the electricity act, 2003 mandate that the appropriate commission has to differentiate between the consumers in the process of determination of tariff depending upon the various factors like load factor, power ..... have to be classified separately having regard to the essential nature of their services and also their contribution in the development of infrastructure within the state. (v) the electricity act, 2003 mandates that the appropriate commission has to differentiate between consumers in the process of determination of tariff depending upon (a) load factor, (b) power factor, (c .....

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