“41. As regards the third point, the appellant’s specific case that it is ready to accept transmission at the point of injection of power and suffer transmission loss throughout the 7.25 km transmission line. Therefore, with respect to the power that may be transmitted by way of Open Access purchase, the question of payment of transmission loss does not arise at all as factually the appellant bears the transmission loss. The appellant still seeks to retain standby supply and it is through the same transmission line. Unless the appellant also accepts the supply by the second Respondent from the same point of injection where the appellant undertakes to fix the necessary meter for measuring the consumption, the appellant cannot escape the transmission loss. If the appellant accepts the measurement on the spot of injection of power either from Open Access or when standby power is drawn from the second Respondent, then the liability for transmission loss also will not arise. Therefore, the contrary conclusion of the Commission and its conclusion deserves to be interfered while making the point clear. If the point of injection is at a different point where standby power is drawn, then it automatically follows, the appellant will be liable for transmission loss and all incidental charges such as surcharge, etc. follows .”
