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Jaipur Vidyut Vitran Nigam Ltd. vs Adani Power Rajasthan Ltd. on 31 August, 2020

142. Distinguishing the judgment of this Court in Jaipur Vidyut Vitran Nigam Ltd v. Adani Power Rajasthan Ltd (supra) Mr. Rohatgi argued that the issue involved in that case, was the rate at which interest on carrying cost is to be paid. While a specific rate is stipulated in the Power Purchase Agreement for LPS the interest on delayed payment of carrying cost is not specified in Power Purchase Agreement. Therefore, APTEL directed that charges for deferred payment of carrying cost should be paid at the same rate as LPS, since both are meant for time value of money. This was disputed in the Appeal. This Court, keeping in view the peculiarities of the facts of the case, where the power generator was unable to raise bills while the question of change in law raised by the power generator was pending adjudication before the MERC and the APTEL reduced the rate of interest on carrying cost to 9%.
Supreme Court of India Cites 24 - Cited by 8 - A Mishra - Full Document
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