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Petition No. 102/2011. Case: In Re: Chromatic India Limited Vs. Central Electricity Regulatory Commission

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Case NumberPetition No. 102/2011
Party NameIn Re: Chromatic India Limited Vs
JudgesPramod Deo, Chairperson, V.S. Verma and M. Deena Dayalan, Members
IssueElectricity Law
Judgement DateAugust 18, 2011
CourtCentral Electricity Regulatory Commission

Order:

1. The applicant, Chromatic India Limited, a company registered under the Companies Act, 1956 (1 of 1956) has made the present application under Sub-section (1) of Section 15 of the Electricity Act, 2003 (36 of 2003) (the Act) read with Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Trading licence and other related matters) Regulations, 2009 (hereinafter referred to as "the 2009 trading licence Regulations"), for grant of Category-II licence for inter-State trading in electricity in Industrial units of Maharashtra, Madhya Pradesh and neighboring States i.e. Chhattisgarh, Rajasthan, Karnataka and Tamil Nadu. Trading in electricity is one of the main objects of the applicant-company.

2. Regulation 6 of the 2009 trading licence Regulations provides for the procedure for grant of trading licence as under:

6. Procedure for grant of licence

(1) Any person desirous of undertaking inter-State trading in electricity shall make an applicant to the Commission for grant of licence in the manner specified in Form-I appended to these Regulations and such applicant shall be accompanied by,-

(a) Such fee as may be prescribed by the Central Government from time to time payable through Bank Draft or pay order drawn in favour of Assistant Secretary, Central Electricity Regulatory Commission, New Delhi.

(b) Copies of the annual reports in case of the persons incorporated under the Companies Act, 1956 (1 of 1956) and audited accounts along with the Director`s Report, Auditors' Report, the Schedules and notices on accounts for three years immediately preceding the year in which the application has been made and the special balance sheet as on any date falling with in 30 fays immediately preceding the date of making the application:

Provided that where the applicant has not been incorporated, registered or formed during the period of three years immediately preceding the year in which the application is made, the application shall be accompanied by the copies of the annual reports and audited accounts for such lesser period for which the applicant has been in existence.

(2) The application for grant of licence, along with annexures and enclosures shall also be submitted to the Commission on compact disc (CD).

(3) The applicant shall post complete application along with annexures and enclosures on his own website so as to facilitate access to the application by any person through internet and shall keep them on the website till the disposal of his application.

(4) The applicant shall within 7 days after making such application, publish a notice of his application, in two daily newspapers having circulation in each of the five regions in addition to those published from Delhi, including one economic daily newspaper in Form II, with the following particulars, namely: xxxxxx

(5) The applicant shall within 7 days from the date of publication of the notice as aforesaid submit to the Commission on affidavit the details of the notice published and shall also file the original complete page of the newspaper in which the notice has been published.

(6) The applicant may file his reply to the objections or suggestions received in response to the notice within 45 days of its publication in the newspapers.

(7) The Commission after consideration of the objections or suggestions received in response to the notice published by the applicant and his reply may propose to grant licence.

(8) When the Commission proposes to grant licence, it shall publish a notice of its proposal in two daily newspapers, as the Commission may consider appropriate, stating the name and address of the person to whom it...

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