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I.A. No.194 Of 2017 In Dfr No.1945 Of 2011. Case: Tamil Nadu Electricity Board Vs PPN Power Generating Company Pvt. Ltd. & Anr.. APTEL (Appellate Tribunal for Electricity)

Judgment Cited in Precedent Map Related
Case NumberI.A. No.194 Of 2017 In Dfr No.1945 Of 2011
CounselFor Appellant: Mr. S. Vallinayagam, Adv. and For Respondents: Mr. Jayant Bhushan, Sr. Adv. Mr. Rahul Balaji and Mr. Senthil Jagdessan, Advs.
JudgesShri I.J. Kapoor, Technical Member and Smt. Ranjana P. Desai, Chairperson
IssueElectricity Law
Judgement DateMay 11, 2017
CourtAPTEL (Appellate Tribunal for Electricity)

Order:

  1. There is a delay of 249 days in filing this appeal. Hence, the present application is filed by the Appellant praying that the delay in filing the appeal may be condoned.

  2. It is necessary to narrate certain crucial facts. The impugned order dated 02/03/2011 is passed by the Tamil Nadu Electricity Regulatory Commission ("the State Commission"). The case of the Appellant before the State Commission was that Article 13.5(iii) of the PPA between the Appellant and Respondent No.1 clearly states that for Non-Political Force Majeure events, no fixed capacity charges ("FCC") will be paid by the Appellant to Respondent No.1.

  3. Respondent No.1 by letter dated 01/04/2005 requested the Appellant to release the FCC for the period of tsunami -- a Non-Political Force Majeure event. On 16/04/2005, the amount was released to Respondent No.1. The matter would have rested there. But according to the Appellant, in an audit enquiry conducted on 22/05/2007, it was realized that the said amount of FCC paid to Respondent No.1 to the tune of Rs.32.57 crores was wrongly paid. It is the case of the Appellant that after obtaining opinion of the former Advocate General, the Appellant sent communication dated 20/03/2010 to Respondent No.1 for recovery of...

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