M .KARPAGA VINAYAGAM,J - (1.) Since common order dated 19.6.2009 is under challenge in these two Appeals the common judgment is being rendered.
(2.) TATA Motors Limited, the Appellant in Appeal No. 154 of 2009 and M/s Niskalp Energy Ltd., the Appellant in Appeal No. 155 of 2009 filed Petition before the Maharashtra Electricity Regulatory Commission praying for the monitory claims from the Respondent, the Distribution Company but the same was dismissed by the State Commission vide order dated 19.6.2009 on the ground that claims were barred by limitation and the Appellants had already consented for final settlements on the amount and the said issue cannot be reopened. Aggrieved by this order both the Appellants have filed these two separate Appeals.
(3.) BOTH the Appellants are Wind Power Developers. They were supplying electricity to the Respondents. The Appellants were receiving payments from the Respondents to the extent of 85% of the energy supplied by the Appellants. The remaining 15% was being retained by the Respondents on ad hoc basis. The State Commission by the order dated 24.11.2003 declared that the Appellants belong to the category of Group -2 relating to the wind power purchase. After the said order, the Respondents were required to pay to the Appellants for the units retained by it after adjusting transmission, distribution and wheeling charges during the relevant period. With reference to the refund of the said amount, there were several meetings between the parties. There was also a letter correspondence on various dates. Ultimately the Appellants had consented to the adjustment of 8% of the retained units by the Respondents as per the HT tariff. Thereafter the Appellants claimed from the Respondents with reference to the balance amount but the payment was made only one portion of the said amount. Several letters had been sent for the payment of balance amount. There was no response.;