GUJARAT URJA VIKAS NIGAM LTD. Vs. GUJARAT ELECTRICITY REGULATORY COMMISSION AND ORS.
LAWS(APTE)-2015-1-6
APPELLATE TRIBUNAL FOR ELECTRICITY
Decided on January 29,2015

Appellant
VERSUS
Respondents

JUDGEMENT

Ranjana P. Desai, J. (Chairperson) - (1.)BEING aggrieved by order dated 22.10.2014 passed by the Gujarat Electricity Regulatory Commission, 1st Respondent herein, the appellant has filed this Appeal. The operative portion of the said Order reads as under:
"Considering the above facts, we decide that the present petition succeeds. We decide that the petitioner is entitled to receive the (i) Depreciation as per the particulars of claim set out in the petition as decided by the Commission (ii) Foreign Exchange Variation as per the particulars of claim decided by the Commission (iii) Interest on UTI Non -Convertible Debentures as per the particulars of claim set out in Discounting Charges as decided by the Commission (iv) Wrongful deduction of Rebate by GUVNL as per the particulars of claim as decided by the Commission (v) Interest on working capital as per the particulars of claims as decided by the Commission. The petitioner is also entitled to receive the interest on working capital on maintenance spares on actual but not exceeding one year requirement after 5 years. The deduction of 1/5th of initial spares made by the respondent is illegal after 5 years. We also decide that the claim of the petitioner prior to 25.09.2007 is not permissible in cases of interest on working capital for fuel as well as spares. While in the case of incentive on deemed generation the petitioner is entitled for his claim as decided in earlier paragraphs. We also decide that the petitioner is entitled to receive the Delayed Payment Charges on the dues as decided in the earlier paras. The claim of the petitioner on escalation of O & M expenses is not pursued by the petitioner and hence considered as withdrawn. Parties to the petition shall evaluate the amount receivable by the petitioner from the respondent as per the principle decided by the Commission in the above paras and inform the Commission within one month's time from the receipt of the Order."

(2.)THE Appellant has filed the instant Application praying that the impugned order be stayed. The 2nd respondent, who is the contesting party has filed a reply to which a rejoinder has also been filed by the appellant.
It is the case of the 2nd respondent that if as per the impugned Order amount receivable by the 2nd respondent from the appellant is evaluated, it comes to Rs. 6,80,65,48,845/ - as on 10.12.2014.

(3.)THIS claim is denied by the appellant in its rejoinder. In paragraph 4 of the rejoinder, the appellant has given its calculations as per the impugned order. According to the appellant, the amount due as per the impugned Order would be Rs. 185.65 crores only. The chart given in said paragraph reads as under:
"Calculation of various elements as per the impugned order as on 10.12.2014.



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