WARDHA POWER COMPANY LIMITED Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD
LAWS(ET)-2014-8-13
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on August 20,2014

Wardha Power Company Limited Appellant
VERSUS
Maharashtra State Electricity Distribution Company Ltd Respondents

JUDGEMENT

- (1.) M/s. Wardha Power Company Ltd. (WPCL), Hyderabad, has filed a Petition on 30 April, 2014, under Section 42 and other applicable provisions of the Electricity Act (EA), 2003 Order in Case No. 101 of 2014 and Misc. Application No. 7 of 2014 Page 1 of 21 read with Rule 3 of the Electricity Rules, 2005, for declaration of compliance of obligations in respect of its 2 x 135 MW Captive Generating Plant (CGP) for the Financial Year (FY) 2013 -14.
(2.) WPCL's prayers are: " Hold and declare the Captive generating units (2 x 135 MW being Unit No a. 3 and 4) of the Petitioner have complied with the obligations attached to captive generating units for the financial year 2013 -14under Rule 3 of the Electricity Rules. b. Hold and declare that the Petitioner and its captive consumers are entitled to all the benefits of captive power plant and captive consumption including exemption from payment of cross -subsidy surcharge; c. Pass an ad -interim ex -parte order restrining MSEDCL from claiming or raising any bill for cross -subsidy surcharge for the financial year 2013 -14; d. Confirm the order as per prayer (c) above after notice to the Respondant; and Pass such other further order(s) as the Hon'ble Commission may deem just in e. the facts of the present case"
(3.) Subsequently, WPCL filed an Interim Application (Miscellaneous Application (MA) No. 7 of 2014) dated 21 May, 2014 with the following prayers: a. "Pass an interim ex -parte order of staying the unilateral demand of cross subsidy surcharge for the year 2013 -14 made by MSEDCL by communication dated 13 May, 2014 and the bills raised by MSEDCL b. Confirm the above order after notice to MSEDCL c. Pass such other further order(s) as the Hon'ble Commission may deem just in the facts of the present case." ;


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