PTC INDIA LTD., NEW DELHI Vs. HARYANA POWER PURCHASE CENTRE (HPPC) AND JAMMU & KASHMIR STATE POWER DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) THE petition has been filed by PTC India Ltd, Category I inter -State trading licensee, for adjudication of dispute arising out of the alleged non -payment by Haryana Power Purchase Centre of trading margin dues amounting to Rs. 2,89,41,174/ - accumulated till the date of filing of the petition for electricity purchased on behalf of Uttar Haryana Bijli Vitran Nigam Limited and Dakshin Haryana Bijli Vitran Nigam Ltd.. The reliefs claimed by the petitioner are as under:

(2.) 2 PTC's Trading Margin

(3.) LEARNED counsel for the petitioner submitted that the petition was filed under clauses (b) and (c) read with clause (f) of sub -section (1) of Section 79 of the Electricity Act, 2003 (hereinafter "the Act"). According to learned counsel, the PPA between the petitioner and the second respondent, JKSPDC, a generating company, contemplated further sale of power outside the State of Jammu and Kashmir and accordingly, adjudication of the dispute on account of non -payment of dues by the first respondent was within the jurisdiction of this Commission. Learned counsel argued that purchase of power from the second respondent for further sale outside the State involved inter -State transmission of electricity and for this reason also, the dispute was within the purview of this Commission. In support of the contentions urged, learned counsel has relied upon the following judgments/orders: