B.R.GAVAI,J. - (1.) The appellant has approached this Court being aggrieved by the judgment and order passed by the Appellate Tribunal for Electricity ("the Appellate Tribunal" for short) in Appeal No. 184 of 2010 dated 07.09.2011 thereby dismissing the appeal filed by the present appellant and confirming the judgment and order passed by the Gujarat Electricity Regulatory Commission ("the Commission" for short) dated 31.08.2010.
(2.) The facts in brief giving rise to the present appeal are as under. Respondent No. 2, namely, Gujarat Urja Vikas Nigam Ltd. (hereinafter referred to as "the procurer") is a holding company engaged in the business of bulk purchases from the power generators and supply to the distribution companies in the State of Gujarat. On 01.02.2006, the procurer initiated the process of bidding for supply of power on long term basis, by issuing a Request For Qualification ("RFQ" for short). Three separate bids for purchase of power in accordance with the provisions of Section 63 of the Electricity Act, 2003 were invited. Each of the three bids envisaged purchase of power to the maximum extent of 2000 Mega Watt ("MW" for short). The RFQ was followed by Request For Proposal ("RFP" for short) on 24.11.2006. The present matter concerns bid No. 2 in respect of which the appellant was selected as a successful bidder.
(3.) On being successful in the bidding process, the procurer issued a Letter of Intent ("LOI" for short) in respect of bid no. 2, to the appellant on 11.01.2007 for supplying 1000 MW power at the rate of Rs. 2.35 per Kwh. Consequently, the Power Purchase Agreement ("PPA" for short) came to be entered into between the procurer and the appellant, for purchase and sale of 1000 MW power from the appellant's power project at Korba, Chhatisgarh, at the delivery point at Nani Khakhar in the State of Gujarat. Similarly, on 06.02.2007 another PPA came to be executed by the procurer with the appellant in respect of bid No. 1, which project was to be executed by using imported coal. The rate determined was Rs. 2.89 per unit in respect of bid No. 1.;