ADANI POWER LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION
LAWS(SC)-2015-3-113
SUPREME COURT OF INDIA
Decided on March 31,2015

Adani Power Limited Appellant
VERSUS
CENTRAL ELECTRICITY REGULATORY COMMISSION Respondents

JUDGEMENT

- (1.) This is an appeal Under Section 125 of the Electricity Act, 2003 (hereinafter referred to as "the Act") arising out of an order dated 31.10.2014 in I.A. No. 380 of 2014 in DFR No. 2355 of 2014 of the Appellate Tribunal for Electricity, Delhi (hereinafter referred to as "the Appellate Tribunal"), constituted Under Section 110 of the Act.
(2.) By the impugned order, the Appellate Tribunal declined to condone the delay of 481 days in preferring an appeal against the order dated 02.04.2013 of the Central Electricity Regulatory Commission (hereinafter referred to as the "Central Commission") constituted Under Section 76 of the Act.
(3.) The facts giving rise to this appeal are as follows: The Appellant M/s. Adani Power Limited is a subsidiary company of M/s. Adani Enterprises Limited. The Appellant has established a power generating station with a total capacity of 4620 MW in the Special Economic Zone at Mundra in the State of Gujarat. The Appellant entered into two Power Purchase Agreements (for short "PPA") dated 02.02.2007 and 06.02.2007 by which the Appellant agreed to supply 2x1000 MW power to Gujarat Urja Vikas Nigam Limited, Respondent No. 4 herein. By another PPA dated 07.08.2008, the Appellant agreed to supply 1424 MW power to Uttar Haryana Bijli Vitran Nigam Limited and Dakshin Haryana Bijli Vitran Nigam Limited, Respondent Nos. 2 & 3 herein.;


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