ARAVALI POWER COMPANY (P) LIMITED Vs. BSES YAMUNA POWER LIMITED, BSES RAJDHANI POWER LIMITED, POWER SYSTEM OPERATION COMPANY LTD. (POSOCO) AND DELHI TRANSCO LIMITED

JUDGEMENT

(1.) THE petitioner, Aravali Power Company (P) Limited has filed the present petition seeking direction to Respondent Nos. 1 & 2, namely, BSES Yamuna Power Limited (BYPL) and BSES Rajdhani Power Limited (BRPL) to pay the outstanding dues with delayed payment surcharge. The petitioner has made the following prayers to:

(2.) THE petitioner has submitted that it has been supplying power to all the beneficiaries including BRPL and BYPL as per the allocation by the Central Government. The petitioner has submitted that the terms and conditions of supply of power to Respondents No. 1 and 2 are laid down in the Power Purchase Agreement (PPA) dated 5.8.2008 between the petitioner and Respondents No 1 and 2. As per the PPA, Respondent Nos. 1 and 2 are bound to make regular payment of capacity charge and energy charges and surcharge to the petitioner and to maintain Letter of Credit.

(3.) DURING the hearing of the petition on 19.11.2013, NRLDC raised the issue that since power is scheduled to Delhi Transco Ltd. from the generating station, it would be appropriate to implead Delhi Transco Ltd. as a party to the petition. After considering the prayer of NRLDC, we had directed NRLDC to implead Delhi Transco Ltd. as a party to the petition and Delhi Transco Ltd. was directed to file its reply. The Respondents BYPL and BRPL were also directed to file their replies.