IN RE: ABELLON CLEAN ENERGY LTD. Vs. STATE

JUDGEMENT

(1.) BY order dated 14.9.2010, Abellon Clean Energy Ltd. (hereinafter referred to as 'licensee') was granted trading licence for Category 'IV' to trade in electricity as an electricity trader in the whole of India, except the State of Jammu and Kashmir, in terms of Regulation 6 of the Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of trading licence and other related matters) Regulations, 2009 (hereinafter referred to as "Trading Licence Regulations") amended from time to time. The licensee vide its affidavit dated 30.9.2013 has submitted that since the current market is too volatile and uncertain for bilateral power trading, it is unable to undertake trading activities. The licensee has submitted that he has not done any trading business from the date of grant of trading licence. The licensee has further confirmed that it does not have any liability against its inter -State trading licence. The licensee has requested to waive the licence fee for the period 2013 -14 and exempt it to comply with Regulation 14(3) of the Trading Licence Regulations.

(2.) REGULATION 14(3) of the trading licence regulations provides as under:

(3.) THE licensee has requested to waive payment of licence fee for the year 2013 -14 and exempt it to comply with Regulation 14(3) of the Trading Licence Regulations. As the licensee has not been able to undertake any trading and considering the fact that publication of notice for revocation of licence will add further financial liability on the petitioner, we waive the requirement of publication. As regard the request for waiver of licence fee, we notice that the licensee has requested for revocation of licence on 1.5.2013 and surrendered the licence issued to it. Therefore, in exercise of our power under Regulation 17 of the Trading Licence Regulations, we waive the requirement of payment of fees for the year 2013 -14.