WARDHA POWER COMPANY LIMITED Vs. RELIANCE INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) M/s Wardha Power Company Limited (WPCL) (now M/s Sai Wardha Power Ltd.) has filed the present Petition for review of the Commission's Order dated 17 January, 2014 in Case No. 91 of 2013. That Case related to a Petition filed by Vidarbha Industries Power Ltd. (VIPL) and Reliance Infrastructure Ltd. (RInfra) for determination of provisional Tariff in respect of VIPL's Butibori Power Plant of 600 MW in Nagpur District for supply of power to RInfra in FY 2014 -15 and 2015 -16. The Review Petition was filed on 24 February, 2014, within the period of 45 days stipulated in the MERC (Conduct of Business) Regulations, 2004. The Petitioner's prayers are as follows:

(2.) " a) Admit the present review petition; b) Review and set aside the order dated 17.01.2014 passed by the Hon'ble Commission; c) Hold and declare that the power procurement by R -Infra from VIPL is not to be approved in view of the tariff indicated being higher when electricity is available from the Petitioner at a cheaper cost; d) Require Wardha Power to supply power at the reduced tariff than that of VIPL for the interim period of six months, subject to the condition that the supply shall be continued on comparison of the tariff being cheaper than that of VIPL determined on actual basis; e) Pass such other further order(s) as the Hon'ble Commission may deem just in the facts of the present case."

(3.) In its Petition, WPCL has contended that: