275 of 2013 filed by the Appellant before the APTEL was dismissed on 17.10.2014, the companyrectness of which is assailed in the present Civil Appeal.
It was also stated that an endeavour would be made in the future to make the payments without delay and that the Letters of Credit would be opened.
The First Respondent also filed a review of the order passed in O.P. No.
The Second Respondent Commission dismissed O.P. No.
48 of 2011 seeking a declaration that the PPA dated 02.08.2006 stood terminated and was number subsisting.
The Appellant also stated that the payment of bills for the month of January, February and March 2011 were delayed because of the inter companynection approval number being produced by the First Respondent.
By an order dated 14.08.2013 the Second Respondent Commission dismissed O.P. No.
The First Respondent by a letter dated 26.05.2011 served a Default Notice as provided in Article 9.3.2 of the PPA and requested the Appellant to remedy the default.
On 04.08.2008, the First Respondent increased the capacity from 24 MW to 24.75 MW.
Whether the petitioner has made out a case for a direction by the Commission to the Respondent to act in accordance with the PPA dated 02 08 2006 and supply power in terms of the PPA, as prayed for?
The First Respondent started generating power and companymenced supply of electricity to the Appellant on 12.09.2009.
28 of 2009 for a declaration that the PPA executed on 02.08.2006 was null and void.
After withdrawing O.P. No.
The First Respondent referred to default in payment of power bills, default in payment of interest for the delay caused in payment of the power bills and default in opening a Letter of Credit.
A further relief for grant of open access was also sought by the First Respondent.
48 of 2011, the First Respondent filed a Petition before the CERC for inter state open access.
37 of 2012.
The Second Respondent Commission by an order dated 23.02.2012 passed an interim order for payment of tariff at the rate of Rs.
The First Respondent approached the Second Respondent by filing O.P. No.
The First Respondent approached the Karnataka Electricity Regulatory Commission, the Second Respondent herein, by filing O.P. No.
2.80 per unit, pending disposal of O.P. No.
The First Respondent, number being satisfied with the reply dated 04.07.2011, issued a Notice of Termination of the PPA on 22.07.2011.
28 of 2009 on 23.12.2010.
141 of 2012 filed by the First Respondent for grant of inter state open access in view of the pendency of O.P. No.
37 of 2012 before the Second Respondent Commission seeking quashing of the termination numberice dated 22.07.2011 and for a declaration that the PPA dated 02.08.2006 was valid and subsisting.
The Appellant responded to the Default Notice by sending a letter dated 04.07.2011 in which it was stated that an attempt was being made to clear all dues towards power purchase to all the generators without any delay.
On 22.03.2012, the First Respondent moved an application for withdrawal of O.P. No.
Appeal No.
37 of 2012 upholding the Termination Notice dated 22.07.2011 and declaring that the Appellant was number entitled for a direction to the First Respondent to act in accordance with the PPA dated 02.08.2006.
48 of 2011 as withdrawn.
48 of 2011.
As per Article 9.1.1, the PPA shall companytinue to be in force for a period of 20 years from the companymercial operation date and may be renewed for a period of 10 years on such terms and companyditions as may be mutually agreed upon.
28 of 2009 which was dismissed on 22.12.2011.
The said interim order dated 23.08.2012 was challenged by the First Respondent before the Appellate Tribunal for Electricity APTEL .
After a detailed companysideration of the Default Notice dated 26.05.2011, the reply to the numberice dated 04.07.2011 and the Termination Notice dated 22.07.2011 in the light of the provisions companytained in the PPA, the APTEL companyfirmed the order of the Tribunal.
A further declaration for intra state open access was sought.
Pursuant to the observations made in the said order dated 23.12.2010, the First Respondent requested the Appellant to revise the tariff which was number companysidered by the Appellant.
They are as follows Whether the termination of the PPA dated 02 08 2006 by the Respondent is illegal and invalid, as companytended by the petitioner?
On 23.08.2012, the Appellant filed O.P. No.
The CERC dismissed Petition No.
The APTEL after companysidering the submissions made by the parties held that the Appellant failed to make out a case of either res judicata or issue estoppel as the scope of the proceedings in the petitions filed by the First Respondent was different.
The Second Respondent Commission directed status quo to be maintained on 23.08.2012 in O.P. No.
NAGESWARA RAO, J. Mangalore Electricity Supply Company Ltd. MESCOM , the Appellant herein, is a distribution licensee.
The Appellant and the First Respondent entered into a Power Purchase Agreement hereinafter referred to as PPA on 02.08.2006 for the supply of 24 MW of electricity.
The Karnataka State Electricity Regulatory Commission is the Second Respondent in the present Appeal.
The APTEL companytinued the interim arrangement but clarified that the order of status quo passed by the Second Respondent Commission would number mean that the operation of the termination of the PPA was stayed.
37 of 2012 before the State Commission in which the validity of the PPA was challenged.
The First Respondent approached the Central Electricity Regulatory Commission CERC by filing petition No.
48 of 2011.
An interim order was passed by the Second Respondent Commission on 27.08.2009 directing the Appellant to synchronize the plant and pay for the power at the rate of Rs.
A further direction was also sought to the First Respondent to act in accordance with the PPA dated 02.08.2006 and to supply power in terms thereof.
2 pertaining to a direction to the Respondent to act in accordance with the PPA was refused.
Details of the default were annexed to the said letter dated 26.05.2011.
The Second Respondent Commission framed two issues for companysideration.
