Bank Guarantee is an act of levying penalty. There
cannot be any argument that any penalty can only be imposed or carried
out when ... which attracts such a
penalty as provided under the law.A penal clause requires to be construed
and enforced strictly. Since the requisite period
bulk consumers. It is pertinent to note that in terms of Clause 23 which specifies that a harmonic distortion shall not exceed the limits ... years from the date the standards become effective. Further in terms of Clause 28 which refers to the limitation on the drawal of the harmonic
M/S. Lanco Kondapalli Power Limited vs Andhra Pradesh Electricity Regulatory ... on 12 January, 2015
mode through which the Board is entitled to enforce order
of penalty that may be passed by following the procedure prescribed.
21. As stipulated ... development of the
CGD network.
22. The "restructuring" covered by clause 8 of the instructions to bidders,
in relation to the case
purpose of imposing any penalty.
(2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person ... impose such penalty as he thinks fit in accordance with the provisions of any of those Sections. Clause 1.5 of IEGC: Non-compliance:
In case
Ptc India Limited vs Gujarat Electricity Regulatory ... on 30 June, 2014
Appeal no. 62 of
North Delhi Power Limited vs Delhi Electricity Regulatory ... on 28 November, 2013
Appeal No. 14
arbitrary and does not have any statutory force and
cannot be enforceable.
Page 22 of 49
Appeal No.57of 2012
17. On the other hand ... following findings with direction to
include a back to back penalty clause:
"17. Keeping in view delays in commissioning of
generation projects
Maharashtra State Electricity ... vs Maharashtra Electricity Regulatory ... on 28 July, 2011
Judgment in appeal no
Bihar State Electricity Board Vidyut ... vs Central Electricity Regulatory ... on 31 July, 2009
Judgment in