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Documents citing Rithwik Energy Generation Private ... vs Karnataka Power Transmission ... on 21 October, 2011

M/S Omega Infraengineers Pvt. Ltd vs Punjab State Electricity Regulatory ... on 21 February, 2019

45. The learned counsel appearing for the Appellant placed the reliance on the judgment reported in 2011 SCC Online APTEl 163 : [2011] APTEL 164 'Rithwik Energy Generation Pvt Ltd V. Karnataka power Transmission Corpn. Ltd and ' and ''Tamil Nadu Generation and Distribution Corpn. Ltd. Vs. M/s Penna Electricity Ltd. & Anr. Reported in 2013 SCC Online APTEL 110 : [2013] APTEL 96'.
Appellate Tribunal For Electricity Cites 24 - Cited by 0 - Full Document

Noida Power Company Limited vs Uttar Pradesh Electricity Regulatory ... on 28 November, 2025

Learned Senior counsel for State Commission has placed reliance on two judgements of this Tribunal ( Ritwik Energy Generation Pvt. Ltd. Vs. Karnataka Power Transmission Corporation Ltd ( in Appeal 51 of 2011) dated 21.10.2011 and Adani Power Ltd. vs. PSERC & Anr. ( in Appeal No. 167 of 2020) dated 25th September, 2024) to contend that approval of the State Commission under section 86 (1) (b) for any or all power purchase agreements entered by the distribution licensee is mandatory, absence of which makes the said agreement void. In the Ritwik Energy judgement (supra), Ritwik Energy developed a 24.75 MW hydel project and signed a PPA with BESCOM on 3rd May 2007. The PPA was forwarded to KERC for approval but was returned by Commission on 6th june2007 citing exhaustion of BESCOM's procurement quota from renewable sources under the 2004 Regulations. However, Ritwik Energy later entered into a new PPA with M/s PTC India Ltd. and sought open access. KERC rejected Rithwik Energy's plea that the original PPA with BESCOM was invalid as same was not approved. In the Appeal before this Tribunal, Rithwik Energy challenged this rejection and sought clarity on whether the returned PPA constituted a valid and binding agreement. This Tribunal in the judgement noted that the distribution licensee has to obtain the consent of the State Commission for procurement of power against the PPA. If the consent is denied by the State Commission, the PPA shall become void as per Section 25(3) of the Karnataka Electricity Reform Act and Section 86 (1)(b) of the 2003 Act, however the PPA had only been returned by the Judgment in Appeal No.98 of 2021 & 465 of 2023 Page 207 of 359 Commission and had not been formally rejected or terminated. This Tribunal upheld the decision of State Commission for not allowing Ritwik Energy to wriggle out of the signed PPA, though not approved by State Commission, however pointed out lack of procedural clarity at the end of State Commission and held that Ritwik Energy's reliance on the returned PPA to justify entering a new agreement was not legally sustainable without formal termination of the earlier PPA. The relevant Paragraph from the judgement is noted below:
Appellate Tribunal For Electricity Cites 270 - Cited by 0 - Full Document

M/S Tamil Nadu Generation And ... vs Tamil Nadu Electricity Regulatory ... on 4 January, 2022

24. The second respondent, however, argues that since there was no amendment to the PPA, which had been approved by the State Commission, the terms as to applicable tariff cannot be treated as having undergone a change, this being impermissible for the parties to do on their own. It is pointed out that by the directions in Order dated 29.07.2016, the levelized tariff of Rs. 4.91/kWh had been adopted which consequently became a condition of the approved PPA. Referring to the Statement of Objects and Appeal No. 321 of 2021 Page 15 of 20 Reasons for enactment of the Electricity Act and rulings of the Hon'ble Supreme Court in PTC India Ltd. v. Central Electricity Regulatory Commission (2010) 4 SCC 603 and India Thermal Power Ltd. v. State of M.P. (2000) 3 SCC 379, as indeed judgments of this tribunal in Appeal no. 82 of 2011 Essar Power Limited v. Uttar Pradesh Electricity Regulatory Commission & ors. (16.12.2011); Appeal no. 210 of 2014 Indian Wind Power Association v. Maharashtra Electricity Regulatory Commission & anr. (26.02.2016); Appeal no. 112 of 2012 Tamil Nadu Generation and Distribution Corporation Ltd. v. M/s Penna electricity Ltd. (10.07.2013); and Appeal no. 51 of 2011 Rutwik Energy Generation Private Limited v. Karnataka Power Transmission Corporation & ors. (21.10.2011), it is argued that the tariff determination is carried out by the Regulatory Commission under Sections 61 & 64, 79 & 86, consequential inclusion of the financial terms in the PPA giving it a statutory flavour, no modification of any term being permitted unless approved by the Regulatory Authority, reliance also being placed on Clause 15.3 (on subject of amendment) of the PPA. The sum and substance of the argument is that since there is no formal amendment of the PPA so as to reflect the discounted price, it having been offered unilaterally, its withdrawal cannot be questioned.
Appellate Tribunal For Electricity Cites 24 - Cited by 0 - Full Document

Tamil Nadu Generation And Distribution ... vs 1. M/S. Penna Electricity Ltd. 2. Tamil ... on 10 July, 2013

24. To substantiate this position of law, the learned Senior Counsel for the Respondent has cited the Judgment of this Tribunal in the judgment dated 21 October, 2011 in Appeal No.51 of 2011 in the case of M/s. Rithwik Energy Generation Private Limited Vs Karnataka Power Transmission Corporation Limited and Ors. The relevant portion of the said judgment is as under:
Appellate Tribunal For Electricity Cites 22 - Cited by 2 - Full Document

Haryana Power Purchase Centre & Ors vs Ptc India Limited & Ors on 19 April, 2024

2232 of 2022 & 82 of 2024 in A. No. 69 of 2023 Ltd. vs. CERC & Others (APTEL Appeal No. 210, 211, 212, 213 of 2019) dated 09.02.2024, (5) Union of India and Others vs. Bhim Sen Walaitai Ram (1969 3 SCC 146) dated 29.09.1969, (6) Abhilash Singh vs. State of U.P. and Others (2003 SCC Online All1301) dated 20.10.2023, (6) Sri Baij Nath vs. M/s Ansal & Saigal Properties Pvt. Ltd. (1992 SCC Online Del 221) dated 20.04.1992, (7) TATA Power Co. Ltd. vs. Reliance Energy Ltd. (2009 16 SCC 659) dated 06.05.2009, and (8) Rithwik Energy Generation Pvt. Ltd. vs. Karnataka Power Transmission Corp. Ltd. & Others (APTEL Appeal No. 51 of 2001) dated 21.10.2011.
Appellate Tribunal For Electricity Cites 25 - Cited by 0 - Full Document
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