GRID CORPORATION OF ORISSA LTD Vs. TRANSMISSION CORPORATION OF ANDHRA PRADESH
LAWS(ET)-2006-1-21
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on January 25,2006

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) THE petitioner, in these petitions has prayed for direction to the respondent for payment of certain dues of bilateral sale of power to the respondent, along with interest at the rate of 24% from the date of filing of these petitions. 1 Petition No.11/2003
(2.) A bilateral bulk supply agreement for sale of power by the petitioner to the respondent at Rs.2.05/unit was signed on 6.10.1999, effective from 10.10.1999 for a period of one year. After expiry of the agreed period, the petitioner approached the respondent to extend the agreement by another year, that is, up to 9.10.2001 on the terms and conditions as originally agreed to, except that the sale of electricity was proposed to be undertaken at the rate of Rs.2.75/kWh. The respondent, however, insisted that the rate should continue to be Rs.2.05/unit. After exchange of some correspondence between the petitioner and the respondent, purchase of power at the rate of Rs.2.28/kWh was agreed to. In pursuance of the revised agreement, the petitioner supplied power to the respondent during the period October 2000 to December 2000. However, the respondent made payments at the rate of Rs.2.05/unit. In this manner, the petitioner has claimed that an amount of Rs.4.245 crore was payable by the respondent as the differential amount. Subsequently, however, the amount due was reduced by GRIDCO to Rs.3.54 crore. The agreement was further extended up to 31.3.2002, and the respondent was supplied power during March-April 2002 based on the extended agreement at the rate of Rs.2.28/kWh. It is stated that the respondent was to pay another amount of Rs.23.83 crore for sale of power during the period March-April 2002 at the rate of Rs.2.28/kWh.
(3.) THE petitioner has through a subsequent affidavit sought to levy delayed payment surcharge @ 2% per month on the differential amount of Rs.3.54 crore of the energy charges for the period October 2000-December 2000 and the whole sum of Rs.23.83 crore for sale of power undertaken during March-April 2002, stated to be outstanding. Petition No.12/2003;


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