Disposed

Appeal No. 101 of 2013 & I.A. No. 169 of 2013 Appeal No. 102 of 2013 & I.A. No. 170 of 2013 of Gvk Gautami Power Limited v. Central Power Distribution Company of Andhra Pradesh Ltd. & Ors.

APTEL28 May 2013Appeal No. 101 of 2013 & I.A. No. 169 of 2013 Appeal No. 102 of 2013 & I.A. No. 170 of 2013

Case brief

AI extract

What is this about?

The Appellate Tribunal for Electricity dismissed appeals challenging interim orders. It directed the Andhra Pradesh Electricity Regulatory Commission to dispose of the main petitions expeditiously within three months, rejecting the argument that a member vacancy rendered the Commission inoperative.

What did the court decide?

Directed the State Commission to dispose of the main petitions expeditiously preferably within three months.

Appeal No. 101 of 2013 & I.A. No. 169 of 2013 Appeal No… — Service and Employment | APTEL (2013)

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Appeal No. 101 of 2013& IA no. 169 of 2013 Appeal no. 102 of 2013 & IA No. 170 of 2013

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Appellate Tribunal for Electricity (Appellate Jurisdiction)

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Appeal No. 101 of 2013 & I.A. No. 169 of 2013 Appeal No. 102 of 2013 & I.A. No. 170 of 2013

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Dated: 28th May, 2013

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Present: Hon’ble Mr. Justice M. Karpaga Vinayagam, Chairperson Hon’ble Mr. Rakesh Nath, Technical Member

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Appeal No. 101 of 2013 & I.A. No. 169 of 2013

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In the matter of: GVK Gautami Power Limited, Paigah House, 156-159 SP Road, Secunderabad-500 003

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… Appellant

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Versus

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Central Power Distribution Company of Andhra Pradesh Ltd., H.No. 1-64-660, 3^rd Floor, Singareni Bhavan, Adjacent to Hanuman Temple, Red Hills, Hyderabad-500 004, Andhra Pradesh and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad

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Southern Power Distribution Company of Andhra Pradesh Ltd., Beside Srinivasa Kalyana Mantapam, Tiruchanur Road, Tirupathi-517 501 Andhra Pradesh and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad.

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Northern Power Distribution Company of Andhra Pradesh Ltd., House No.1-1-503 & 504 (Opp. NIT Petrol Pump), Chaitanyapuri, Hanamkonda, Warangal (AP)-506 004 and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad.

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Page 1 of 7

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Appeal No. 101 of 2013& IA no. 169 of 2013 Appeal no. 102 of 2013 & IA No. 170 of 2013

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Eastern Power Distribution Company of Andhra Pradesh Ltd., P&T Colony, Seethammadhara, Visakhapatnam-530 020, Andhra Pradesh and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad.

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Transmission Corporation of Andhra Pradesh Limited, Through its Chairman & Managing Director, Vidyut Soudha, Khairatabad, Hyderabad-500 049, Andhra Pradesh

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6. Andhra Pradesh Electricity Regulatory Commission, 4^th & 5^th Floors, Singareni Bhavan, Red Hills, Hyderabad-500 004. …Respondent(s)

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…Respondent(s)

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Counsel for the Appellant : Mr. M.G. Ramachandran Ms. Swagatika Sahoo

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Appeal No. 102 of 2013 & I.A. No. 170 of 2013

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In the matter of: GVK Industries Limited (Phase-II), Paigah House, 156-159 SP Road, Secunderabad-500 003

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… Appellant

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Versus

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Central Power Distribution Company of Andhra Pradesh Ltd.,

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H.No. 1-64-660, 3^rd Floor, Singareni Bhavan, Adjacent to Hanuman Temple, Red Hills, Hyderabad-500 004, Andhra Pradesh and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad.

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Southern Power Distribution Company of Andhra Pradesh Ltd., Beside Srinivasa Kalyana Mantapam, Tiruchanur Road, Tirupathi-517 501 Andhra Pradesh and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad.

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Page 2 of 7

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Appeal No. 101 of 2013& IA no. 169 of 2013 Appeal no. 102 of 2013 & IA No. 170 of 2013

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Northern Power Distribution Company of Andhra Pradesh Ltd., House No.1-1-503 & 504 (Opp. NIT Petrol Pump), Chaitanyapuri,

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Hanamkonda, Warangal (AP)-506 004 and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad.

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Eastern Power Distribution Company of Andhra Pradesh Ltd., P&T Colony, Seethammadhara, Visakhapatnam-530 020, Andhra Pradesh and also represented by Andhra Pradesh Power Coordination Committee Vidyut Soudha, Khairatabad, Hyderabad.

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Transmission Corporation of Andhra Pradesh Limited, Through its Chairman & Managing Director, Vidyut Soudha, Khairatabad, Hyderabad-500 049, Andhra Pradesh

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6. Andhra Pradesh Electricity Regulatory Commission, 4^th & 5^th Floors, Singareni Bhavan, Red Hills, Hyderabad-500 004. …Respondent(s)

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…Respondent(s)

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Counsel for the Appellant : Mr. M.G. Ramachandran Ms. Swagatika Sahoo

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JUDGMENT

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RAKESH NATH, TEHNICAL MEMBER

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These Appeals have been filed by GVK Gautami

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Power Limited and GVK Industries Ltd. (Ph.II) against

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the two similar interim orders both dated 17.4.2013 in

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the applications filed by the Appellants simply directing the IAs to be posted alongwith the main

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Page 3 of 7

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Appeal No. 101 of 2013& IA no. 169 of 2013 Appeal no. 102 of 2013 & IA No. 170 of 2013

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petition on a future date without granting the interim

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reliefs sought for in those applications.

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The Distribution Licensees, the Transmission Licensee and the State Commission are the

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Respondents.

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The prayers in the IAs filed before the State Commission filed by the Appellant seeking for restraining the Distribution Licensees from making

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any deductions on account of capacity charges and for directing them to refund the capacity charges and disincentives deducted for the tariff year ending 5.6.2012 and certain charges payable under the Gas Transmission Agreements.

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Learned counsel for the Appellants has made elaborate submissions to that the State urge

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Page 4 of 7

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Appeal No. 101 of 2013& IA no. 169 of 2013 Appeal no. 102 of 2013 & IA No. 170 of 2013

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Commission should have allowed the IA in respect of restraining the distribution licensees from making any deductions in capacity charges including the disincentives pending final disposal of the petition instead of simply adjourning the said petitions

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directing to be posted alongwith main Petition.

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We have heard both the parties. We are not inclined to interfere with the orders passed by the State Commission in the Interim Application directing the IA to be posted alongwith the main petition. However, considering the fact that the issue relating to payment of capacity charge due to non-availability of the main fuel has been pending for a long time and also the financial difficulties pointed out by the Appellants, we deem it fit to give directions to the State Commission that the main filed on petitions 30^th October, 2012 pending before the State

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Page 5 of 7

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Appeal No. 101 of 2013& IA no. 169 of 2013 Appeal no. 102 of 2013 & IA No. 170 of 2013

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Commission for a long time shall be disposed of expeditiously.

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Learned counsel for the Appellants submitted that

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the post of Chairperson has recently fallen vacant and the State Commission now has only two Members which may cause further delay in disposal of the Petition and therefore, the Tribunal may pass interim orders at least on further deduction of capacity charges.

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We are unable to agree that vacancy of one Member of the State Commission will render the State Commission inoperative. Therefore, vacancy of one Member would not cause any delay in disposal of the petition.

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Page 6 of 7

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Appeal No. 101 of 2013& IA no. 169 of 2013 Appeal no. 102 of 2013 & IA No. 170 of 2013

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8. Accordingly, we dispose of the Appeal nos. 101

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and 102 of 2013 as well as IAs 169 & 170 of 2013 with

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the direction to the State Commission that it shall

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dispose of the main petition as expeditiously as possible preferably within 3 months from the date of this order. With these observations, the Appeals are disposed of.

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Pronounced in the court on this open

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. 28th day of May, 2013

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(Rakesh Nath) (Justice M. Karpaga Vinayagam) Technical Member Chairperson

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√ REPORTABLE /NON-REPORTABLE

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Page 7 of 7

Appeal No. 101 of 2013 & I.A. No. 169 of 2013 Appeal No. 102 of 2013 & I.A. No. 170 of 2013 of Gvk Gautami Power Limited v. Central Power Distribution Company of Andhra Pradesh Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Appeal No. 101 of 2013 & I.A. No. 169 of 2013 Appeal No. 102 of 2013 & I.A. No. 170 of 2013 of Gvk Gautami Power Limited v. Central Power Distribution Company of Andhra Pradesh Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Case details

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