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3. The 2nd Appellant - M/s Tamil Nadu Newsprint and Papers Limited (in short "TNPL") was promoted by the Government of Tamil Nadu in the year 1979 for manufacture of newsprint and printing/writing paper using bagasse as primary raw material. Since its inception, it has been using bagasse, a sugarcane residue, as main raw material for manufacturing of newsprint, printing and writing paper.

4. The 1st Appellant - SSL entered into a barter agreement with 2nd Appellant - TNPL for supply of bagasse for production of paper at TNPL in exchange of coal for generation of power in its cogeneration plants. After entering into the said barter agreement, the 1st Appellant- SSL approached the 1st Respondent TANGEDCO by way of letter dated 2nd December, 2010 for fixing of tariff. However, TANGEDCO advised the 1st Appellant to approach the Commission for fixing of tariff. Accordingly, the Appellant filed a petition before the 2nd Respondent Commission under Section 62 read with Section 86(1)(b) of the Electricity, Act, 2003 for separate categorization of power plants which are supplying bagasse fibre to TNPL and for fixing of purchase price for power supplied to the 1st Respondent by the 1st Appellant using coal in ____________________________________________________________________________ place of bagasse in view of the tie-up arrangement with the 2nd Appellant TNPL.