payments to Vedanta
81. It is submitted that on account of long pendency of the instant appeal,
Vedanta is not able recover its legitimate payments
decided later.
c) The State Commission took note of the long pendency of
the dispute and decided that an Arbitral Tribunal is better
equipped
Delhi.
8.2 In terms of the PSA, PTC had to obtain the Long Term Open
Access for adequate transmission capacity from ... party including and not limited to the
State of Chhattisgarh. During the pendency of the above petitions
KPL unilaterally terminated the PPA vide its letter
long term PPA for evacuation of
power is not a condition precedent for payment of transmission
charges under the BPTA and the TSA. Therefore, pendency ... long term PPA, and the Appellant had been paying the
transmission charges. The Central Commission has further
observed that existence of long term
NDPL (R-2) on a long-
term basis.
(iii) During the pendency of the said petition, the Appellants
being the distribution companies and stake holders
view of the pendency of
these appeals before this Tribunal for a very long duration, we
think it appropriate to direct the Commission to pass
report indicated large pendency of complaints without requisite arrangements for their disposal. It also found that alternative system would take a long time
party) proposing to supply power to Noida Power (R-2) on
Long Term Basis at a levelised tariff of Rs.3.667 per unit
which ... note of this fresh development.
(j) On coming to know of the pendency of the main petition
and the interim application, the Appellant through
letter, dated 3.7.2010. However, it
was observed that there was no long term PPA of the Appellant's
plant with Respondent No.2/UPCL ... that during the pendency of the proceedings before the Hon'ble
Supreme Court and, in absence of any long term PPA with
UPCL/Distribution
submissions filed
before the MPERC, expressly waived its claim for grant of Long-Term
Open Access ("LTOA") and confined its prayers solely ... party cannot approbate and
reprobate is well-established in law. During the pendency of Appeal No.
Page 11 of 35
Judgment in Appeal