MAGNUM POWER GENERATION LIMITED Vs. HARYANA ELECTRICITY REGULATORY

JUDGEMENT

(1.) M /s Magnum Power Generation Limited is the Appellant. Haryana Electricity Regulatory Commission (State Commission) is the 1st Respondent. Uttar Haryana Bijli Vitran Nigam, 3rd Respondent and Dakshin Haryana Bijli Vitran Nigam, 4th Respondent are the distribution licensees in the state of Haryana. 2nd Respondent, Haryana Power Purchase Committee is a Joint Venture of 3rd and 4th Respondents and is responsible for bulk power purchase and sale to distribution licensees in the state of Haryana. 5th Respondent Haryana Power Generation Corporation Ltd. is the generation company wholly owned by the Government of Haryana. Respondent nos. 2, 3 and 4 being contesting Respondents are jointly referred to as Respondent in this judgement.

(2.) AGGRIEVED by the Impugned Order of the State Commission (R -1) dated 23.3.2010 wherein the State Commission has rejected certain claims of the Appellant arising out of Power Purchase Agreement (PPA) dated 12.8.1998, the Appellant has filed this Appeal before this Tribunal as Appeal No. 118 of 2010.

(3.) WHILE the Appeal No. 118 of 2010 was pending before this Tribunal, a meeting was held on 12.11.2010 between the parties for reconciliation. The minutes of this meeting would indicate conciliation between the parties could not be reached and parties were to obtain certain clarification from the Commission. Accordingly, on 19.11.2010 this Tribunal directed the Appellant to seek clarification from the State Commission with reference to amount payable towards deemed generation. In persuasion to this direction, the Appellant filed an application before the Commission seeking the clarifications. The Commission disposed off the said Application through an Order dated 13.1.2011. Aggrieved by this Order of the Commission, the Appellant filed another Appeal in Appeal No. 13 of 2011.