LAWS(APTE)-2014-8-29

CHHATTISGARH STATE POWER TRADING CO. LTD Vs. CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION & ANOTHER

Decided On August 07, 2014
Chhattisgarh State Power Trading Co. Ltd Appellant
V/S
Chhattisgarh State Electricity Regulatory Commission And Another Respondents

JUDGEMENT

(1.) THE present appeal has been filed by Chhattisgarh State Power Trading Co. Ltd. against the impugned order dated 12.7.2013 passed by Chhattisgarh State Electricity Regulatory Commission ("State Commission") wherein the State Commission has adjudicated upon the legality of the demand raised by the appellant on the respondent no. 2 towards the transmission losses on account of evacuation of power from the power plant of the respondent no. 2 to the distribution licensee and has quashed the said demand.

(2.) THE appellant is the successor of the erstwhile Chhattisgarh State Electricity Board and has been constituted in terms of the Transfer Scheme after unbundling of the Electricity Board. The State Commission is the first Respondent. M/s. ACB India Ltd. is the second respondent which has set up a Captive Power Plant and has also entered into a Power Purchase Agreement ("PPA") with the distribution company for sale of surplus power produced by it. 3. The brief facts of the case are as under:

(3.) The appellant has made following submissions assailing the impugned order: