JUDGEMENT
KURIAN,J. -
(1.) On the interpretation of Clause 6.5 of the Power Purchase Agreement, both the Karnataka Electricity
Regulatory Commission (KERC) and the Appellate
Tribunal for Electricity (APTEL) have taken a view
that it is actually an incentive for the prompt
payment of the monthly tariff invoice. Though
Sh.S.Ganesh, learned senior counsel, persuasively
submitted that it is only a one-time expenditure
contemplated under the Power Purchase Agreement, we
too are unable to accept the contention.
(2.) No doubt, there is a provision under Clause 6.2 for interest on belated payment, but Clause 6.5(v) is
actually a rebate for prompt payment of the monthly
invoice. The view thus taken by the KERC and the
APTEL, being a plausible view, we do not find any
substantial question of law so as to warrant us to
exercise our powers under Section 125 of the
Electricity Act, 2003.
(3.) The appeals are, accordingly, dismissed. No costs.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.