- (1.) ISMT Limited (hereinafter referred as 'the Petitioner' or ISMT) submitted a Petition under affidavit before the Commission on March 28, 2013 under Sections 86, 39 to 42 and 129 of the Electricity Act, 2003 (hereinafter referred as 'the Act' or 'the EA, 2003).
(2.) The prayers of the Petitioner in its Petition are as under: " a) Quash the impugned Circular No. 170 dated 13 June, 2012 issued by the Respondent qua the Petitioner; b) Direct the Respondent to forthwith comply with the and act consistent with the Energy Banking Agreement dated 7 May, 2010 read with the Order dated 8 Sept. 2004 passed by the Commission in Case Nos.55 and 56 of 2003; c) Direct the Respondent to allow the Petitioner to inject the power generated at the CPP into the Open Access consumer/plant situated at Jejuri or Baramati or Ahmednagar as per the Petitioner's choice subject to the MW specified in the Open Access Permissions and restrain the Respondent from unilaterally and without any authority giving proportionate credit of the power generated by the Petitioner's CPP and consumed amongst the Open Access Consumer/Plant situated at Jejuri or Baramati or Ahmednagar. d) Direct the Respondent to forthwith issue Open Access Permissions in respect of Consumer No. 162019000401, 187279005573 and 186849005690 in accordance with the prevailing law for conveyance of power from the CPP to the manufacturing facilities as sought for by the Petitioner; e) Direct the Respondent to reinstate Petitioner's Contract Demand as per paragraph 37 above; f) Direct the Respondent to forthwith issue revised Invoice for the month of March, 2012 to February, 2013 and give credit of Rs 33 Crores illegally charged by Respondent in the Invoices issued earlier by giving effect to excess units generated and units on which temporary tariff was charged, along with interest @ 18% p.a. on such amount from due dates till payment or realization thereof. g) Hold that the Respondent has no jurisdiction to impose such conditions relating to tariff and other terms and conditions on the Petitioner unilaterally without the approval of the Hon'ble Commission. h) Award costs of these proceedings against the Respondent and in favour of the Petitioner. Pass such other order(s) as the Hon'ble Commission may deem just in the facts of i) the present case."
(3.) Further, along with the main Petition, the Petitioner also filed a Miscellaneous Application No. 6 of 2013 in Case No. 46 of 2013 (hereinafter referred as "M.A. No. 6 of 2013") under affidavit on March 28, 2013 seeking interim relief with the following prayers: " a) Pending the hearing and final disposal of the Petition the Respondent be directed to comply with the Order dated September 8, 2004 passed by this Hon'ble Commission and fulfill their obligation arising from the Energy Banking Agreement; b) Pending the hearing and final disposal of the Petition the Respondent be directed to forthwith pay an amount of Rs 33 crores along with interest @ 18% to the Petitioner for wrongfully denying banking facility to the Petitioner from March 2012 till date; c) Pending the hearing and final disposal of the Petition the Respondent be directed to reinstate the Petitioner's Contract Demand as per paragraph 9 above; d) Pending the hearing and final disposal of the Petition the Respondent be directed to issue Open Access Permission for the year commencing from April 2013 to March 2014 as per the prevailing law; e) Pass an ad -interim Order for stay of the operation of the impugned Circular No. 170 dated June 13, 2012 f) Pass such other Order(s) as the Commission may deem just in the facts of the present case." ;