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(a) That is peak generation shall be adjusted against peak consumption.
(b) Normal generation shall be adjusted against normal consumption.
(c) Off peak generation shall be adjusted against off peak consumption.
(d) Peak and normal generation may be adjusted against lower consumption at the request of WEG.” And in its written submissions, the respondent would submit that “in accordance with the agreement clause stated above, the petitioner is eligible for wind energy captive adjustment from the current month banking as well as banked energy. And, if a dispute arises it should be resolved only through TNERC.

4. Heard Mr.S.P.Parthasarathy, learned counsel for the petitioner and Mr.P.Wilson, learned senior counsel assisted by Mr.L.Jaivenkatesh, learned Standing Counsel for TANGEDCO / respondents. According to the petitioner, the entitlement of captive consumer of electricity to use the banked energy at its generation end before sale of the energy generator (windmill) is covered by the order of TNERC dated 13.08.2024 in M/s.Krishnaveni Carbon Products P Ltd., in D.R.P.No.10 of 2023, whereas, the respondents would submit that the same was covered by the order of TNERC dated 13.08.2024 in M/s.Sri Gomathy Mills Private Limited in D.R.P.No.18 of 2023. And an ancillary issue that has arisen is , whether this Court should stay away from deciding the issue and leave it to the expert body in TNERC to decide in terms of the dictum in Jaipur Vidyut Vitran Nigam Limited and others Vs MB Power (Madhya Pradesh) Limited and others [(2024) 8 SCC 513].

8. So far as the ratio in Sri Gomathi Mills case [D.R.P.No.18 of 2023 dated 13.08.2024] is concerned, the issue before TNERC involve Group Captive Consumers where a group of consumers will own a WEG. In the case of Group Captive Consumers, it was made clear that where one of the owners transfers his or its share over the WEG, then neither the transferor entity nor the purchaser of the shares of the seller in the WEG would be entitled to the share of banked energy of the transferor. There the rule is hardly confusing. On transfer, since a new agreement comes into existence, the erstwhile ownership stands automatically cancelled and the rights of the predecessor cannot be transferred to the successor. Indeed, TNERC was addressing a question whether the name transfer of WEG in the middle of the year would disentitle the new owner or its captive consumer of previous owner utilising the banked energy standing to the credit of WEG is sustainable. And TNERC had held that the transferee is not entitled to the banked energy of https://www.mhc.tn.gov.in/judis erstwhile owners. And insofar as group captive consumers are concerned, even consumption of banked energy by the erstwhile owner is barred.

12. In the end, this petition is allowed and the proceedings of the fourth respondent dated 20.11.2020, is set aside. However, the respondent- TANGEDCO is at liberty to approach the TNERC if it is so interested and get a clarification from TNERC, and until then, this order will have force. No costs. Consequently, connected miscellaneous petition is closed.

03.01.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No ds https://www.mhc.tn.gov.in/judis To: