In case the rates for purchased power is less than the PPA agreement rates, appellant can claim only that.
Interpreting the terms of the agreement and the companymunications in between, the Commission as well as the Tribunal, after elaborately discussing the entire evidence, have rendered a companycurrent finding against the appellant.
Moreover, the companymunication with the respondent would also indicate that it was the understanding between the parties.
For the delayed supply from the generating sources, while purchasing power from other sources, appellant cannot trade and make any unjust enrichment.
Since the appellant companyld number keep up the time schedule, it made an adhoc arrangement for purchase of power from other sources.
Whether such adhoc supply should be at the actual companyt incurred by the appellant or at the agreed rate for the generated power is the short question.
The appellant had entered into an agreement to generate and supply power to Respondent No.1.
KURIAN, J. The appellant is aggrieved by the companycurrent findings recorded by the Maharashtra Electricity Regulatory Commission in short the Commission and the Appellate Tribunal for Electricity in short the Tribunal .
