HARYANA POWER PURCHASE CENTER Vs. SASAN POWER LTD.

JUDGEMENT

(1.) The six appeals with which we are concerned have been filed under Sec. 125 of the Electricity Act, 2003 (hereinafter referred to as Act for brevity). The appeals are directed against the order passed by the Appellate Tribunal for Electricity (hereinafter referred to as Tribunal for brevity) in an appeal carried by the first respondent under Sec. 111 of the Act.

(2.) The appeal before the Tribunal, in turn, was lodged against the order passed by the Central Electricity Regulatory Commission (hereinafter referred to as Commission for brevity). The Commission passed the order purporting to be one under Sec. 79(b) inter alia of the Act in a petition filed by the first respondent.

(3.) It was decided to set up an Ultra Mega Power Project. Towards this end, the Power Finance Corporation Limited of India was to be the nodal agency. It incorporated a Special Purpose Vehicle, which is the first respondent. The idea was to set up the Ultra Mega Power Project which would be operated by the successful bidder selected through an international competitive bidding. The power generated by the successful bidder was to be supplied through procurers (the appellants before us), who can be described also as the distribution licensees under the Act. The appellants were to supply the power so procured finally to the consumers.