(1.) This writ application is filed by the petitioners for issuing a writ in the nature of mandamus commanding the respondent no.3 to act upon agreement dated November 15, 2006 executed by and between the petitioner company and the respondent no.3 in the matter of determining tariff for supply of energy to the respondent no.3 @ Rs.4.00 per unit for the period from 2008 to 2010 and @ Rs.4.36 per unit for the year from 2010 to 2011.
(2.) The petitioner company and the respondent no.3 entered into an agreement dated November 15, 2006 (hereinafter referred to as the said power purchase agreement) for selling exportable power of 5.3 MW (after the auxiliary consumption) to the respondent no.3. Clauses 8,12 and 15 deal with tariff arbitration and effective date and duration of agreement as follows:-
(3.) The generation of bio-mass based power plant started at Maheshbati, Raina, District Burdwan with effect from July 1, 2008 on commercial basis.