The Appellate Tribunal disposed of the appeal by directing the 2nd respondent to file a compliance report on RPO, which was subsequently filed and accepted by the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COURT-2
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)
APL No. 13 OF 2017
Dated: 23rd July, 2024
Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member
In the matter of:
Indian Wind Power Association (IWPA) Through its Vice President 513-514, 5th Floor, World Trade Centre, Barakhamba Lane, New Delhi – 110001. …Appellant(s) Vs.
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Counsel for the Appellant(s) : Mr. Vishal Gupta Mr. Kumar Mihir Mr. Sumeet Sharma Mr. Majid Durrani Mr. Adishree Chakraborty Mr. Vishal Gupta Mr. Divyanshu Gupta Mr. Nikhil Kumar Mr. Ashutosh Jain Mr. Sumeet Sharma Counsel for the Respondent(s) : Mr. Shri Venkatesh Mr. Sandeep Rajpurohit Ms. Nishtha Kumar Mr. Samarth Kashyap Mr. Suhael Buttan Mr. Vikas Maini Mr. Krishnesh Bapat Ms. Lasya Pamidi
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Mr. Varun Singh Mr. Pratyush Singh Mr. Aashwyn Singh Mr. Vineet Kumar for R-1 Mr. G. Umapathy, Sr. Adv. Mr. Nitin Gaur Mr. Aditya Singh Ms. Vaishnavi Ms. Pavitra B. Ms. Sanjeev Khari Ms. Anuradha Mishra Mr. Purushaindra Kaurav Ms. Anuradha Mishra for R-2
Ms. Mandakini Ghosh Mr. Parinay Deep Shah Ms. Ritika Singhal Mr. Saransh Shaw Ms. Surabhi Pandey for R-3
ORDER
The instant Appeal has been filed challenging the part order dated 06.09.2016 for suo moto Petition No. 43 of 2015 passed by the Madhya Pradesh Electricity Regulatory Commission, whereby the State Commission has effectively waived of the shortfall in the renewable purchase obligation on the 2nd Respondent for the Financial Year 2014-15, 2015-16.
After hearing the contesting Parties herein, we found it appropriate to direct the 2nd Respondent to submit their compliance report in respect of RPO. The affidavit has since been filed by the 2nd Respondent, furnishing the information as sought for. The same was discussed during the hearing and the Appellant accepted the said submission made by the 2nd
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Respondent, accordingly, the Appeal stands disposed of in terms of the compliance report filed by the 2nd Respondent.
We make it clear that we have not passed any observation on the submission made. However, in the light of the provisions of the Electricity Act, 2003 and the relevant regulations of the State Commission, the 2nd Respondent is duty bound to comply with the RPO obligations. Therefore, for future orders, they should adhere to the regulations as specified.
The Appeal and IAs, if any, are disposed of in above terms.
Pronounced in the Open Court on 23rd July, 2024.
(Virender Bhat) (Sandesh Kumar Sharma) Judicial Member Technical Member (Electricity)
js/mkj
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1 issue framed by the court
Whether the appeal challenging the waiver of RPO shortfall should be dismissed based on the respondent's compliance report.
Indian Wind Power Association
Madhya Pradesh Electricity Regulatory Commission
M.P. Power Management Co. Ltd.
M/s. Green Energy Association
Madhya Pradesh Poorva Kshetra Vidyut Vitran Co. Ltd.
Madhya Pradesh Paschim Kshetra Vidyut Vitran Co. Ltd.
Sandesh Kumar Sharma
Virender Bhat
As recorded by the court registry
An appeal before a tribunal against an order of a statutory authority.
Judgements on the same questions, provisions and authorities, from every court
