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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: appellate tribunal for electricity aptel Year: 2011 Page 2 of about 42 results (0.045 seconds)

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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May 16 2011 (TRI)

M/S Indo Rama Synthetics (i) Ltd, Vs. Maharashtra Electricity Regulato ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-16-2011

..... consideration unless and until the parties are able to prove that the case falls under section 70 of the contract act, 1872. since the present case does not fall thereunder, the absence of written or formal contract is irrelevant. 3.7. under section 72 of the contract act, 1872, the appellant is entitled to receive the price of the inadvertent power provided to the grid from the ..... not authorize injection of power on behalf of the distribution licensees. 10. the appellant has referred to sections 70 and 72 of the indian contracts act, 1872 which are reproduced below: 70. obligation of person enjoying benefit of non-gratuitous act where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another ..... delivered, by mistake or under coercion, must repay or return it. 11. in our opinion the section 70 and 72 of the indian contracts act, 1872 will not be applicable in the present case. the present case is governed by the electricity act, 2003 which is a complete code in itself. in the electricity grid, the sldc, in accordance with section 32 of the ..... of the appellant to the compensation for the alleged inadvertent injection of power into the grid without any schedule/contract. 6.1. we shall first examine the relevant sections of the act and the regulations. section 32(1) and (2) of the electricity act, 2003 relating to function of the state load dispatch centre (sldc) is reproduced below: 32. functions of state .....

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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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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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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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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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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 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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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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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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