Case: In Re: Indian Energy Exchange Ltd. Vs. Central Electricity Regulatory Commission
| Judges | Pramod Deo, Chairperson and V.S. Verma, Member |
| Issue | Electricity Law |
| Judgement Date | July 28, 2010 |
| Court | Central Electricity Regulatory Commission |
Order:
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The applicant Indian Energy Exchange Ltd., had filed an IA No. 25/2010 under Regulation 116 of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999, seeking extension of time for implementing the directions of the Commission contained in its order dated 3.6.2010 in Petition No. 26/2010. The request of the applicant was considered in the light of the documents placed on record, the oral submissions made during the hearing on 8.7.2010 and subsequent affidavit dated 12.7.2010 indicating short-term and long-term solution envisaged by the applicant for implementation of our order dated 3.6.2010. An interim order dated 15.7.2010 was passed by the Commission on the aforesaid IA, wherein, based on the documents furnished by Indian Energy Exchange Ltd in relation to the fourth member i.e. the member with a large client base, it was observed by the Commission that "it cannot be conclusively ascertained that this facilitator member does provide credit facilities, working capital or financing to its clients under any circumstance". It was furthermore observed in the said order dated 15.7.2010 that "there still remains some room for such facilities to be carried on by the facilitator member". Accordingly, the applicant was given an opportunity to take necessary steps to demonstrate within 3 working days on the basis of the documentary evidence that our order dated 3.6.2010 has been complied with in letter and spirit in relation to the working of the fourth member. IA No. 25/2010 for extension of time was kept pending till the applicant submitted the necessary documents/information as directed in our order dated 15.7.2010.
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Since the applicant has not submitted any documentary evidence to establish and demonstrate as to how it has complied with the said order dated 3.6.2010 within three working days of issue of order dated 15.7.2010, we propose to dispose of the IA No. 25.2010 through the present order.
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The applicant has approached the Commission for extension of time under Regulation 116 of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 (hereinafter "conduct of business regulations) which is extracted as under:
Subject to the provisions of the Act, the time prescribed by these Regulations or by order of the Commission for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reason by order of the Commission.
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It is clear from the above regulation that the time prescribed by order of the Commission for doing any act can be extended "for sufficient reasons" by order of the Commission. Therefore, it needs to be considered whether there are sufficient reasons for the Commission to consider extending the time for the present applicant to comply with the order dated 3.6.2010.
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The...
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