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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: appellate tribunal for electricity aptel Year: 2011 Page 3 of about 42 results (0.043 seconds)

Jul 28 2011 (TRI)

In the Matter Of: Maharashtra State Electricity Distribution Company L ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-28-2011

..... the party in the very same open access transactions has to approach the commission for the other portion of transaction with another portion of the contracting parties. this could not have been the intention behind the act. 37. this could be viewed from yet another angle. under the cgrf,2006 there is a specified procedure to undergo before approaching the consumer ..... the consumer grievance redressal forum comes into play only on the non-performance of a service or obligation by the distribution licensee pursuant to any arrangement under a license or contract or agreement inter alia for providing open access. in other words, it does not come into effect at a threshold stage when a consumer has simply applied for ..... fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a distribution licensee in pursuance of the licence, contract, agreement or under the electricity supply code or in relation to standards of performance of distribution licensees as specified by the commission. when there is a grievance as defined ..... fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a distribution licensee in pursuance of a licence, contract, agreement or under the electricity supply code or in relation to standards of performance of distribution licensees as specified by the commission and includes inter-alia (a) safety of .....

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May 24 2011 (TRI)

Chhatisgarh State Power Transmission Co. Ltd, Chhattisgarh Vs. M/S R R ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-24-2011

..... generating unit will be required to pay twice the demand charge {emphasis added} 47 from the above observations, it is clear that a startup power consumer can have a contract demand up to maximum of 10% of highest generating capacity unit of generating station. further his total drawal from the grid during the month is also restricted to 10% load ..... for parties, following questions would arise for consideration: i. whether respondent -1 has committed any wrong by approaching the state government for approval under section 68 of the electricity act 2003 pending appellant boards approval for construction of his line. ii. whether a generating company can also be termed as a consumer merely because he would be drawing ..... charges. v. as per electricity (removal of difficulty) fifth order, 2005, respondent 1, being a generating company would not be required to obtain a transmission license under the act to operate and maintain dedicated transmission line. as per provisions of this order, it has to comply with, interalia, the grid code and grid connectivity standards. supply code, which ..... sh sood, representative of respondent -1 ( m/s. r.r. energy) countered the said arguments advanced by the appellant and submitted the following: i. section 10 of the electricity act 2003 mandates a generating company to establish, operate and maintain dedicated transmission line. ii. section 68 requires prior approval of the appropriate government for establishment of any over head line .....

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Jul 22 2011 (TRI)

In the Matter: M/S. Entertainment World Developers Pvt.Ltd, Madhya Pra ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-22-2011

..... premises having mixed load.(b) others: this tariff is applicable for supply to establishment like railway stations, offices, hotels and institutions etc., having mixedload. the contract demand shall be expressed in whole number only.1.194 the character of service shall be as per madhya pradesh electricity supply code, 2004.1.195 the ..... the commission has power to take action against any person who violates any regulations or any order of the commission under section 142 of the electricity act, 2003. in the instant case also when it was noticed that some arrangement has been done by the respondent no.2 which is not in ..... . 2 and in that petition the issue was that it was the respondent no. 2 who violated the 7th proviso to section 14 of the act while serving the single point connection, while in the latter the question was whether the commission was empowered to levy lt tariff on ht consumers and ..... tariff by the commission from the date of connection i.e. 01.06.2005.v) the respondent no.2 in accordance with the scheme of electricity act, 2003 and the rules and regulations framed thereunder is required to charge its consumers in accordance with the tariff determined by the commission and in this ..... the connections served through bulk supply to a group of non-domestic consumers are not in conformity with the 7th proviso to section 14 of the electricity act, 2003.ii) consequent upon the high courts order dated 05.10.2007 passed in writ petition no. 2749 of 2007 the appellant approached the .....

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Mar 15 2011 (TRI)

Chhattisgarh State Power Holding Co. Ltd, Chhattisgarh and Another Vs. ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-15-2011

..... the respondent-1 after following proper procedure. respondent-1 in para 5 of the application for start-up power connection had specified that projection of contract demand was based on auxiliary power required. b) the appellant inspected the premises of the respondent-1 before sanction and release of start-up ..... should not be co-located with industrial load and there should not be any direct electrical connectivity between the generating plant and an industry; b) the contract demand shall not exceed 10% of capacity of the largest size unit of the generating station; and c) the power drawal shall be restricted to ..... ) at no point of time the appellant had taken any action against the respondent-1 either under section 126 or section 136 of the electricity act, 2003 for power theft/misuse of power. issues 6. we have examined all the documents filed before us by the parties and considered the ..... supplementary bill by filing the objections and availing the prescribed opportunity of hearing as prescribed therein. in view of the provisions of section 126 of 2003 act, the said petition of respondent-1 was not maintainable and ought to have been dismissed by the state commission (r-2). respondent no. 1 ..... commissioning of the unit tentamounts to unauthorized use within the meaning of explanation (b) to sub-section (6) of section 126 of the 2003 act. as per procedure prescribed in section 126 read with chapter 11 of the supply code, 2005, respondent-1 should have agitated its grievance qua the .....

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Jul 11 2011 (TRI)

In the Matter: K. Raheja Corporation Pvt.Ltd, Mumbai Vs. Maharashtra E ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-11-2011

..... distribution system of such distribution licensee for obtaining supply of electricity from a generating company or from a licensee other than such distribution licensee. accordingly, at the present contract demand of a consumer must be not less 8 than 1 mva to seek open access. thus, in principle, the clarification raised by the petitioner is answered ..... canvass a case that ht industrial commercial category consumer and commercial category consumer would undertake sub-distribution to mixed loads without obtaining a valid licence under the electricity act, 2003, while on the other hand advance submissions that the commission ordered for discontinuance of single point supply, particularly when several allegations were made in the print ..... the affected consumers is not sustainable. moreover, the commissions order dated 03.10.2006 was directed against errant consumers to ensure compliance with the provisions of the act. also, the commission provided all clarifications as were sought for. c) commercial/residential complexes and buildings receive single point supply in individual name. therefore, sub-distribution ..... cases:- a) distribution licensee has not laid distribution back-bone, b) unable to supply required power, c) unable to supply required power in allowed time under the act? the maharashtra electricity regulatory commission (distribution open access) regulations, 2005 specifies the eligibility to seek open access and accordingly so far as eligibility criterion is satisfied a .....

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Jul 22 2011 (TRI)

In the Matter of M/S. Bhagyanagar Solvent Extractions Private Limited, ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-22-2011

..... and communicated its approval. seeking approval of the supplemental ppa is not in the nature of an adversarial in litigation between the two parties. the parties to the contract put their signatures in the documents and the said document was placed before the commission for its approval. therefore, the question of there being a violation of principle ..... nce projects received in the commission on or after 10.6.2004 will be considered only after the determination of the tariff for the nce projects as per electricity act, 2003. since the said ppa had been received after 10.6.2004, the same was returned for re-submission after the tariff in respect of nce projects ..... karnataka electricity regulatory commission at bangalore. further, on discussions both the parties have agreed and signed a joint memo dtd 17.05.2007. (v) as per electricity act 2003, kptcl is barred from trading electricity with effect from 10.6.2005. hence the ppa dated 18.10.2001 in respect of m/s. bhagyanagar solvent extractions ..... . (ii) since in this case, the parties were well informed by way of direction of the commission in its order dated 31.5.2007, the act of approving the supplemental ppa on 3.2.2010 in terms of the order dated 31.5.2007 was only a formal ministerial ..... act. the said order of 31.5.2007 was passed by the state commission only after hearing both the parties and the said order is fully binding .....

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Mar 28 2011 (TRI)

Indian Energy Exchange Limited New Delhi Vs. Central Electricity Regul ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-28-2011

..... framed by the central commission, what is the role that the professional members of the power exchange can perform if such professional members are not licensed traders under the electricity act, 2003? 8. the appellants main contentions are two fold: (i) facilitator members of the appellant are carrying on the activities of handling moneys of clients which ought ..... provisions of the electricity act, 2003. on receipt of notice from central commission, the appellant filed an affidavit of reply stating that its professional members have not been carrying out the activities of ..... exchange. (viii) on 23.6.2009, the tata power trading company limited, a trading licensee, filed a petition before the central commission u/s 66 of the electricity act complaining against the appellant that the professional members of the appellant have been carrying on the business of trading in electricity without obtaining the trading license in violation of the ..... is engaged in the activities of operating the power exchange in india providing for dealings in electricity and related contracts. (ii) the appellant provides a platform where the electricity can be bought and sold by others. under section 66 of the electricity act, 2003, the appropriate commission shall deavour to promote the development of a market including trading in power and .....

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Jul 11 2011 (TRI)

In the Matter Of: Torrent Power Limited, Ahemdabad Vs. Gujrat Electric ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-11-2011

..... 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 ..... will be under-recovery which will have to be compensated by other consumers which is not the intention of section 42(2)(3) of the act which provides for non-discriminatory open access but not any preferential tariff or treatment at the cost of other retail consumers. in view of the ..... to all the generating stations and regions. provided further that the benefits of tax-holiday as applicable in accordance with the provisions of the income-tax act, 1961 shall be passed on to the beneficiaries. provided further that in the absence of any other equitable basis the credit for carry forward losses ..... 2) any under-recoveries or over-recoveries of tax on income shall be adjusted every year on the basis of income-tax assessment under the income tax act, 1961, as certified by the statutory auditors. provided that tax on any income stream other than the core business shall not constitute a pass through ..... 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 .....

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May 06 2011 (TRI)

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-06-2011

..... as may be specified in respect of generation, transmission and distribution for determination of tariff. (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 consumer's load factor, power factor, voltage, total consumption of electricity during any specified ..... , whichever is earlier. determination of tariff. determination of tariff by bidding process. 62. (1) the appropriate commission shall determine the tariff in accordance with provisions of this act for (a) supply of electricity by a generating company to a distribution licensee: provided that the appropriate commission may, in case of shortage of supply of electricity, ..... commission determines tariff of transmission utilities or of distribution utilities and when it does so it does exercise quasi -legislative power. under section 178 of the electricity act, 2003, the central electricity regulatory commission is vested with the power to make regulations and regulations framed by them are required to be laid down before the ..... for purchase of power for distribution and supply within the state; (c) facilitate intra-state transmission and wheeling of electricity; (d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state; (e) promote congenration and generation of electricity from renewable sources of .....

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Feb 14 2011 (TRI)

Brihanmumbai Electricity Supply and Transport Undertaking, Mumbai Vs. ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Feb-14-2011

..... of the above provision would clearly reveal that the state commission has unhindered powers to issue necessary directions as against the licensee to ensure compliance of the provisions of the act, regulations and the conditions of the license. 26. that apart, another section 142, which is pointed out confers power upon the state commission to issue penal directions for ..... any contravention of the provisions of the act. section 142 is reproduced as under: section 142: punishment for non-compliance of directions by appropriate commission. in case any complaint is filed before the appropriate commission by any ..... the state commission was approached by the respondents nos.3 to 8 consumers complaining against tata power company limited, respondent no.2 alleging contravention of section 43 of the act as well as contravention of its license conditions by tata power company limited under which tata power company limited is obliged to supply electricity to consumers in its license area ..... share its wide network with the tata power company limited. at the same time, the state commission ruled that tata power company limited, respondent no.2 was obliged under the act, 2003 to develop and maintain efficient, coordinated and economical distribution system in its area of supply. accordingly, a specific direction has been issued by the state commission to tata .....

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