Adani Power Rajasthan Ltd vs Rajasthan Electricity Regulatory ... on 18 April, 2024
Author: Ramesh Ranganathan
HERC,
LANCO, in view of continued failure of PTC India to fulfill
conditions precedent contained in the PPA, terminated the PPA
vide letter dated ... interim order dated 23/3/2011, this Tribunal
granted a conditional stay of the order dated 2/2/2011. The
relevant portion reads thus
reducing the standby charges, the Hon'ble Supreme
Court granted conditional stay of the judgment of this Tribunal
dated 20.12.2006 in favour ... been challenged in the Hon'ble
Supreme Court which granted conditional stay of the
operation of the judgment of this Tribunal. The said Appeal
order dated 19.06.2023, granted interim stay of the
impugned order till 10.07.2023, making the stay order conditional on the
Appellant continuing to inject power into ... stay of the letter issued by the Appellant on 30.01.2023, and,
in any case, they had failed to make out any case for stay
network without any conditions
whatsoever by revoking the restriction imposed earlier
in case No.151 of 2011. If the stay is not granted in
respect ... network of the
Appellant without any conditions.
41. As mentioned above, the Appellant is not seeking for the stay of
the grant of the licence
Pradesh Electricity Regulatory Commission (Terms and
Conditions for Determination of Generation Tariff)
Regulations, 2005.
No ad-interim stay".
7. The learned Counsel ... with Regulation 42 of the Madhya
Pradesh Electricity Regulatory Commission (terms and Conditions
for Determination of Generation Tariff) Regulations, 2005. Thus, it
would be appropriate
interim arrangement. It
pg. 15
Appeal No.65 of 2013
also stayed the proceedings challenging the
termination of PPA, pending before the State
Commission. Therefore ... Without there being any stay of the effect and operation
of termination of PPA, the terms and conditions of the
PPA cannot be enforced that
dated 24.1.2011.
(e) Accordingly, on 29.3.2011, this Tribunal passed
the conditional interim Order staying the operation of
the Impugned Order only relating to the issues
appeal praying that pending
disposal of this appeal the impugned order be stayed and
GUVNL be restrained from invoking/encashing the existing
Contract Performance Guarantee ... electricity for a contracted capacity of 800
MW on the terms and conditions stated in the PPA. The terms
include the fulfilment by Essar Power
terms and conditions of Authorisation. ("Impugned
judgment")
2.0 In the Present Appeal GGCL has prayed to:-
(a) Grant stay of the impugned judgment