in not passing consequential necessary relevant orders for refund of penalty amount of Rs.18,95,53,000/- to the company. He referred to the letter dated 7th May, 2016 of the Executive Engineer, Division A.P. Transco, Tirupati to Divisional Engineer, A.P. Transco, Chittoor wherein it is mentioned that the works at Gurramkonda plant are complete and a request was made for arranging statutory inspection. The Learned Counsel argued that there is no dispute on the part of the SPDC that WSPL had been injecting 25MW power to the grid from its Gurramkonda plant w.e.f. 28th July, 2016 and, therefore, the Commercial Operation Date (COD) of the project has to be taken as the said date and not 29th September, 2016 which is stated by SPDC. In this regard, the Learned Counsel also placed reliance upon the letters dated 4th September, 2016, 7th September, 2016 and 12th November, 2016 addressed by WSPL to the authorities highlighting therein the factum of injection of power into the grid from the Gurramkonda plant. It is his submission that no loss at all has been caused to the SPDC and on the contrary, the Discom has utilized and sold the power injected by the project of WSPL and therefore even if some penalty is stipulated in the PPA for delayed commissioning of the power project , the SPDC was at best entitled to a reasonable compensation only upon proof of any loss caused to it. On this aspect, the Learned Counsel placed reliance upon the judgement of the
