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(n) Determination of notional losses in the temporary arrangement made as per the order, dated 8.4.2011, on the ground that the questions of determination of losses does not arise as the Commission had already held the condition of construction of 220 KV switching station as unwarranted and contrary to the law.

(o) that according to the State Transmission Utility, the Respondent No.1/M/s Shree Cement Limited, after posing themselves as Open Access Consumer specifically agreed to accept the condition of switching station by the letter, dated 13.5.2009. On 29.7.2010, a mutually agreed agreement between the Appellant and Respondent No.1 for providing connectivity was entered with two conditions mentioned at Sl. No.1 from 1.1 to 1.11. The condition No.1.1 was regarding the construction to 220 KV switching station at RAS. Vide condition Judgment in Appeal No. 209 of 2014 No.1.5, the Respondent was allowed to temporarily connect the line at their switch yard till the switching station is developed by the Appellant. The condition No.1.9 of the agreement permits the Appellant to levy notional losses @ 0.4% on energy injected by the Respondent in the system of Appellant till switching station is constructed and metering system is shifted to switching station.

(b) that as per the mutually agreed agreement, the Appellant provided temporary connection to the Respondent No.1 to connect the line at their switchyard till the switching station was developed by the Appellant with proper metering and protection. This will not confer any duty on the Appellant for allowing direct connectivity to their generating station.
(c) that as per condition No.1.9 of the agreement, till this temporary connectivity continues, notional losses at the rate of 0.4% shall be levied on energy injected by the Respondent No.1 till switching station is constructed and metering system is shifted to switching station.
9. Without reiterating the facts and rival contentions made by the parties, we directly come to the issue involved in the present Appeal. The undisputed facts of the matter are as under:
(a) The Respondent No.1 namely, M/s Shree Cement Limited, applied for connectivity to the State Transmission Utility/ Appellant herein, on 220 KV Beawar - Merta Line for evacuation of power from its 2x50 MW Captive Power Plant. At that time, the Respondent No.1 and the Appellant entered into an agreement, dated 29.7.2010, for the purpose of providing connectivity to the transmission network of the Appellant with the conditions mentioned at serial no. 1 from 1.1 to 1.11. The condition No.1.1 was regarding the construction to 220 KV switching station at RAS. As per the condition 1.5, the Respondent (Shree Cement) was allowed to temporarily connect the line at their switch yard till the switching station is developed by the Appellant. The condition No.1.9 of the agreement further permits the Appellant to levy notional losses @ 0.4% on energy injected by the Respondent in the system of Judgment in Appeal No. 209 of 2014 Appellant till switching station and the metering system is shifted to the switching station.