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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: appellate tribunal for electricity aptel Year: 2011 Page 4 of about 42 results (0.053 seconds)

Apr 06 2011 (TRI)

M/S Noida Power Company Limited, Commercial Complex Vs. Paschimanchal ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Apr-06-2011

..... the present appeal is this: whether paschimanchal vidyut vitaran nigam ltd, the first respondent herein, has satisfied all the mandatory requirements as provided in section 14 of the electricity act read with the provisions of the distribution of electricity licence (additional requirement of capital adequacy, credit worthiness and code of conduct) rules, 2005, the up electricity regulatory commission ..... parallel lilcence is illegal. (i) the first respondent has not satisfied the state commission any of the requirements specified in the sixth proviso of section 14 of the electricity act, the second licence rules (the distribution of electricity licence (additional requirement of capital adequacy, credit worthiness and code of conduct) rules, 2005), and the applicable regulations notified ..... ) mysore state road transport corpn v gopinath air 1968 sc 464 paras 2-4; 41. these decisions would deal with the approval for the transaction between the two contracting parties. but in the present case, the relevant provisions in the act deal with the grant of licence and not for any approval or permission for transaction between the two ..... contracting parties. the grant of licence is the statutory function of appropriate commission and exercise of the appropriate commission is dependent on satisfaction of the conditions specified. if .....

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Mar 17 2011 (TRI)

Tamilnadu State Electricity Board, Chennai Vs. Tamil Nadu Electricity ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-17-2011

..... 5%. 31. that apart, the state commissions regulation namely open access regulations, 2005 provides for open access to captive consumers without any condition of voltage level or contract demand. the impugned order, on this issue, thus is in line with the above said regulations. as indicated above, the state commission has provided for transmission and ..... facility could be provided by them on priority basis, if they are permitted to collect infrastructural development charges. the commission does not accept this plea because the electricity act 2003 makes it clear that it shall be the responsibility of the transmission utilities and the distribution licensee to create the appropriate infrastructure. therefore, the commission prescribes ..... have passed the impugned order without there being any guidelines from the central commission and without bidding process. before proceeding further let us examine the relevant provisions of electricity act 2003 and tariff policy, which are reproduced below: tariff policy 6.4 non-conventional sources of energy generation including co-generation: (1) pursuant to provisions of ..... appropriate commission. (2) such procurement by distribution licensees for future requirements shall be done, as far as possible, through competitive bidding process under section 63 of the act within suppliers offering energy from same type of non-conventional sources. in the long-term, these technologies would need to compete with other sources in terms of full costs .....

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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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Jan 13 2011 (TRI)

Gvk (Goindwal Sahib) Limited, Andhra Pradesh Vs. Punjab State Electric ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jan-13-2011

..... breach on the part of the company and claim an amount equivalent to six months of the billing, at the approved quarter tariff and energy corresponding to 80% of the contracted capacity, as liquidated damages. further, the company shall not sell power to any third party till such termination payment is made to the electricity board. since these are the ..... direct the distribution licensee to re-write the terms found reasonable by the state commission. 17. in view of the above, the powers of the state commission under the act to take measures conducive to the development of the electricity industry, promoting competition, protecting the interest of the consumers and the supply of electricity to all areas cannot be questioned ..... that all future procurement of power by distribution licensees shall be through competitive route. that apart, the central government, in exercise of its power under section 63 of the act 2003, has notified the guidelines for determination of tariff by bidding process for procurement of power by distribution licensees. the central government after detailed consultations with the stake holders have ..... executed totally as per the draft ppa and as per the standard bid documents forming part of the guidelines notified by the government of india under section 63 of the act, 2003. the provisions relating to the performance guarantee, liquidated damages, performance test, appointment of engineers and various other terms should be brought in line with the draft ppa .....

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Mar 08 2011 (TRI)

Oil and Natural Gas Corporation Ltd., (Ongc), Ahmedabad Vs. Gujrat Ele ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-08-2011

..... into force from 11th august, 2009. the tariff fixed in the order shall be applicable to all the wind energy generators commissioned on or after 11th august, 2009. the existing contracts and agreements between the wind energy generators (wind energy generators) and distribution licensees signed upto 10th august will continue to remain in force as per the ppa signed by the ..... have taken into account the government of gujarats letter dated 6.11.2008 clarifying the number of captive locations and decided the case accordingly. v. after enactment of electricity act 2003, state commission is sole authority to specify wheeling charges. government of gujarat had no power to change the wheeling charges specified by state commission vide its order no ..... gujarat had also recognized the powers of state commission in government resolution dated 7.1.2009 as given below: notwithstanding anything contained in this resolution, the provisions of the electricity act 2003 and the gerc regulations, as issued from time to time, shall prevail, for the purpose of the implementation of this policy. thus the arrangement of wheeling power from ..... 42, the state commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers; 57. in terms of section 86 of 2003 act, state commission vide its order no. 2 of 2006 dated 11th august 2006 determined transmission and wheeling charges as under: 20 transmission and wheeling charges the commission clarifies that the .....

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May 24 2011 (TRI)

In the Matter Of: U.P. Power Corporation Limited, Lucknow Vs. Central ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-24-2011

..... for escalation and custom duty at 60% freight and handling charges etc. the customs duty, freight and handling charges are generally paid in addition to the contract prices. as such, notional cost of these spares as worked out by the petitioner based on foreign exchange rate as on dates of commercial operation of ..... . 11. the last issue is regarding filing of annual revenue requirement (arr) by the respondent-2 before the central commission under section 62(5) of the 2003 act. 11.1. section 62(5) is reproduced below: 62. determination of tariff- .. (5) the commission may require a licensee or a generating company to ..... commission could have asked the respondent no. 2/ntpc to submit its revenue requirement even if the regulations were not made under section 62(5) of the act. 6. respondent no. 2/ntpc has submitted as under: 6.1. anta, auriya, dadri and kawas gas power stations were established with warranty period of ..... that no relaxation ought to be given to ntpc in oandm expenses since ntpc is getting 14% roe is not supported by the provisions of the act. 6.7. section 62(5) has no application in the present case. ntpc gets a normative tariff and, therefore, adjustment on account of section 62 ..... (5) of the 2003 act can not arise in the present case. 7. after considering the contentions of the parties, we frame the following questions for consideration: i) is the .....

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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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