MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. RATNAGIRI GAS AND POWER PRIVATE LIMITED

JUDGEMENT

(1.) This appeal arises from the judgment of the Appellate Tribuna,["APTEL".] for Electricity1 at New Delhi. APTEL dismissed an appeal against an order of the Central Electricity Regulatory Commission,["CERC".] dtd. 30/7/2013.,[Appeal No. 261 of 2013]

(2.) The first respondent, an electricity transmission company called Ratnagiri Gas And Power Private Limited,["RGPPL"/first respondent.] filed a petition under Sec. 79 of the Electricity Act, 2003 against the appellant, Maharashtra State Electricity Distribution Co. Ltd.,["MSEDCL"/appellant.] seeking the resolution of issues arising out of the nonavailability of domestic gas; beneficiaries' reservations to allow the first respondent to enter into contracts for alternate fuel, the revision of the Normative Annual Plant Availability Factor,["NAPAF".] and directions to the beneficiaries to pay fixed charges due to the first respondent.

(3.) CERC, by its order dtd. 30/7/2013 held the appellant liable to pay fixed charges to the first respondent. CERC's decision was upheld by APTEL by the impugned order. The civil appeal against the APTEL order was disposed of by this Court by an order dtd. 13/5/2015, whereby the appellant was granted liberty to move the court when it became necessary. This Court directed as follows: