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Case: In Re: Contravention of the Directions of the Commission; Uttar Pradesh Power Corporation Ltd. Vs. Central Electricity Regulatory Commission

Judgment Cited in Precedent Map Related
Vincent
JudgesPramod Deo, Chairperson, V.S. Verma and M. Deena Dayalan, Members
IssueElectricity Law
Judgement DateAugust 06, 2010
CourtCentral Electricity Regulatory Commission

Order:

Pramod Deo, Chairperson, V.S. Verma and M. Deena Dayalan, Members

  1. The Commission in its order dated 30.10.2009 had imposed a penalty of Rs. 4.62 crores on UPPCL @ Rs. one lakh for each of the 462 contravention of the provisions of the Indian Electricity Grid Code (grid code) during the period 11.6.2009 to 19.6.2009. The respondent was directed to deposit the penalty latest by 15.11.2009.

  2. Since the respondent did not take any step to deposit the penalty amount in compliance with the order of the Commission, a show cause notice was issued by order dated 30.3.2010 Section 142 of the Act on the charge of contravention and non-compliance of the directions of the Commission. The respondent in its reply affidavit dated 22.5.2010, has submitted that the respondent had filed Writ Petition No. 10174 (MB) of 2009, challenging the order dated 14.10.2009 passed by the Adjudicating Officer in Adjudication Case No. 5/2009. The Hon''ble High Court of Allahabad (Lucknow bench) has passed an interim order by which the respondent was directed to deposit 30% of the amount of penalty with the Commission during the pendency of the petition. The respondent has faithfully complied with the interim order of the Hon''ble High Court. The respondent has further submitted that the order dated 30.10.2009 in Petition No. 137/2009 has been challenged before the Hon''ble High Court in Writ Petition No. 11704 (MB) of 2009. Since the ground of challenge in Writ Petition No. 10174/2009 and 11704/2009 are the same, the Hon''ble High Court has been pleased to tag both the writ petitions to be heard together.

  3. The learned Counsel for the respondent submitted that after hearing the parties in both the writ petitions on 13.7.2010, the High Court has allowed the prayer of the...

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