1. By this appeal, challenge has been brought to order dated 04.03.2015 of first Respondent i.e. West Bengal Electricity Regulatory Commission (hereinafter variously referred to as "WBERC" or "State Commission") in case No. TP-55/13-14 thereby determining Multi Year Tariff (MYT) for the period beginning with financial year (FY) 2014-15 upto FY 2016-17 by which the appellant, representing a set of industrial consumers, claims to be adversely affected. The grievances of the Appellant relate to alleged inherent inconsistency in the approach on account of "excessive allowance of power purchase cost"; non-compliance of Tariff Regulations in matter relating to "Provisional Determination of Project Cost" of specific units; incorrect treatment of "non-tariff income"; and, erroneous "recurring" allowance of "interest on working capital loan" provided by Government of West Bengal without scrutiny as to delay in repayment.

Mr. Amit Kapur Ms. Poonam Verma Mr. Saunak Kumar Mr. Rajguru Mr. Sidhant Kaushik Ms. Aparajita Upadhyay Ms. Adhishree Chakraborty Ms. Sakshi Kapoor Counsel for the Respondent(s) : Ms. Abiha Zaidi for R-2 Order PER HON'BLE MR. S. D. DUBEY, TECHNICAL MEMBER IA No. 324 of 2020

1. The dismissal of the claim brought before the Haryana Electricity Regulatory Commission (the Commission) under Section 86(1)(f) of the Electricity Act, 2003 for recovery of Rs. 76,61,606/- on account of "deemed generation" against the Respondent Discom, registered as case No. HERC/PRO-69 of 2017 "for want of prosecution" by order dated 16.01.2019, followed by dismissal of the prayer for Appeal No. 75 of 2020 Page 2 of 6 restoration of the said case by order dated 25.04.2019, has led to the present appeal being instituted before us.

2. We have heard the learned counsel on all sides and have gone through the record. We are of the view that the appeal must be allowed. We set out our reasons hereinafter.

1. Against the backdrop of validity of certain acts of the third Respondent (Procurer) encashing the Performance Bank Guarantee and terminating the Power Purchase Agreement (PPA) being questioned by the Appellant (Developer), the issues of the propriety of the approach of Appeal No. 319 of 2019 & IA Nos. 1565, 1566 & 1915 of 2019 Page 2 of 37 the first Respondent - Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to variously as "UPERC" or "State Commission" or "Commission") - to the process of adjudication and the general expectation of its neutrality particularly at the stage of an appellate scrutiny of its decision by this Tribunal have come up for consideration in this appeal.

1. The brief facts that led to filing of the present appeal are as under:

3

In terms of guidelines issued by Ministry of Power (MoP) for determination of tariff by bidding process for procurement of power by distribution licensees, on 18.05.2009, Respondent No.3- MSEDCL issued a request for proposal for procurement of 2000 MW (+30%-20%) for a period of 25 years on long term basis. In that process, the following bidders were qualified:

i. Emco Energy Ltd. ( 200 MW @2.879 Rs/kWh) ii. Rattan India Power Ltd. (Amravati) ( 1200 MW @ 3.260 Rs/kWh) iii. Adani Power Maharashtra Ltd (1200 MW @ 3.280 Rs/kWh) iv. Rattan India Power Ltd. (Nashik) (950 MW @ 3.450 Rs/kWh v. Wardha Power Company Ltd. (675 MW @ 3.620 Rs/kWh)

1. These two matters have come up against almost identical backdrop of proceedings recorded by Tamil Nadu Electricity Regulatory Commission (hereinafter referred to variously as "TNERC" or "State Commission" or "Commission"), the Appellant in first captioned appeal being Madurai Power Corporation Private Limited, which was the petitioner in D.R.P. No. 19 of 2012, the second captioned appeal having been instituted by Samalpatti Power Company Private Limited, petitioner in D.R.P. No. 16 of 2012.

2. It appears that the said two petitions had come up for consideration before the State Commission around the same point of time, the hearing having been concluded, the orders having been reserved by similar proceedings recorded on 21.12.2018. Noticeably at that stage, the State Commission was functional in full strength with the Chairman and two Members in position. Before orders could be passed in either of the said matters, one of the members (Mr. G. Rajagopal) Appeal No. 127 of 2019 and Appeal No. 146 of 2019 Page 3 of 8 demitted office in January, 2019. Meanwhile, certain written submissions had been placed on record by the parties which were respondents before the State Commission (respondents in these appeals as well). Along with the said written submissions, certain documents were submitted to which exception was taken by the appellants primarily on the ground that it was new material, taking on board the same amounting to (as per their contention) amendment of the pleadings, it being statedly impermissible at the stage at which it had been tendered for record. Since the Registry of the Commission seems to have returned such material upon objections being taken, the respondents herein were constrained to file applications - i.e. IA No. 1 of 2019 in the first captioned matter and IA No. 2 of 2019 in the other matter.

1. This Appeal is filed by Southern Power Distribution Company of Andhra Pradesh Limited challenging the impugned order dated 03.11.2017 passed by Andhra Pradesh Electricity Regulatory Commission (hereinafter referred to as "APERC/Commission").

2. The brief facts which led to filing of the present Appeal are as under:

(i) 2nd Respondent - M/s SNJ Sugars & Allied Products Pvt. Ltd.

is a sugar plant with co-generation power plant having capacity of 20 MW. It uses bagasse as a fuel for power generation. It approached the Non-conventional Energy Development Corporation of Andhra Pradesh Limited (known as "NEDCAP") for setting up of power plant and accordingly it got the approval on 07.04.2000.

1. The Appellant West Bengal State Electricity Distribution Company (WBSEDCL) has come up with the present appeal challenging the order dated 01.11.2019 of Central Electricity Regulatory Commission (the Central Commission) in Petition No. 298/MP/2018 which had been instituted by the Respondent Damodar Valley Corporation (DVC) seeking declaration as to right to recover a sum aggregating Rs.111,74,47,434 Crores towards principal and delayed payment surcharge at the rate of 1.5% per month as on 31.08.2019 along with further interest till payment. It appears that the Appellant had resisted the claim by raising the issue of limitation pleading that the Appeal No. 20 of 2020 Page 2 of 5 petition of DVC could not be entertained, it being time barred.

In 2013, the Royal Bank of Scotland said we had to reduce our Virgin One mortgage immediately by nearly £7,000. To do this, we sold shares and borrowed money.

Householders are being warned that the surge in energy usage will come at a price - with bills set to increase by an average of £32 a month.

There will be many changes for the worse when we finally creep out of lockdown and realise that the economy has gone into shrink mode.Cash will be a 'victim' of coronavirus.

The closure of university campuses in response to the coronavirus has not stopped a number of big corporate providers of student accommodation from demanding full rent .

It is a painful business being a hip replacement company in a pandemic, and Smith & Nephew, like the patients who are waiting for its products, has had little choice but to suffer in silence.

At the moment it feels like there are only two types of country: nations that have handled coronavirus well and those facing criticism because they have not.

This Tuesday, the Bitcoin is expected to undergo a 'halving'. Will it offer a new opportunity for investors to make a profit? Or as legendary investor Warren Buffett believes, is it no more than 'rat poison'?

We give you the lowdown on those investment trusts where family money still influences the way that they are managed.

The trust announced the payment of a 2.475p dividend per share for the second quarter of this year - 2.1 per cent higher than 12 months ago, and replicating the payment made three months earlier.

Litigation specialist RGL Management says it is edging closer to launching a group legal claim against Hargreaves Lansdown for its aggressive promotion of Woodford Equity Income ahead of its closure.

While we cannot predict the long-term impact, we do know that the survival of small and medium businesses will be critical to the recovery, says Sage's boss Steve Hare.

David Blanchflower, who sat on the Bank of England's MPC from 2006 to 2009, has warned that the country will have to keep printing money - despite fears this could lead to soaring inflation.

Willie Walsh, the chief executive of BA's parent IAG faces a grilling before the Transport Select Committee for cutting up to 12,000 BA jobs - more than a quarter of its workforce.

Credit ratings agency Standard & Poor's said the latest measure was agreed ahead of deadlines for two smaller loans due in August.

A decline in the professional services sector will produce one of the biggest hits to the Treasury's tax take, analysis for The Mail on Sunday reveals.

Technology firm Accesso - whose clients include Thorpe Park and Alton Towers - is working on the roll-out of a system that will let customers book timeslots on rides via their mobile phones.

Anne Pitcher, the Selfridges managing director, replies bluntly when asked how it felt to turn the lights out and pull up the shutters on Oxford Street's most iconic store. 'Awful,' she says.

Sources said Amazon, run by billionaire Jeff Bezos, has run the rule over America's AMC Theatres, the world's largest cinema chain, which also owns Odeon in the UK.

Analysts are predicting that Hammerson, which owns the Bullring in Birmingham, will be forced to raise money in a rights issue after a major deal to offload retail parks fell through.

Mark Manduca, of Citigroup, told institutional clients there was a 'high' probability that easyJet would have to tap investors for money by issuing shares in the next few months.

RBS forecasts a big fall in home ownership and experts expect the trend to accelerate as house sales resume.

There's been plenty of head-scratching over at Omega Diagnostics, one of the biotech minnows whose share price has shot up on the back of its efforts to tackle the pandemic.

Singer and guitarist Russell Hastings thinks the Government should set up a social deprivation fund to help people who have lost income due to the coronavirus.

The Mail on Sunday today launches a £3million support package to help Britain's legion of small firms beat the coronavirus crisis.

From this Wednesday, small business owners can apply for £3,000 of free advertising in DMGT's stable of newspapers.

Food columnist Alison Roman shocked Chrissy Teigen's fans on Friday, after saying she was 'horrified' by the model's food-based 'content farm.'

The star, 55, was sending a personalised message to a fan at £249 a pop. In one clip, he says in reference to his films: 'I hope you enjoy me bashing the s**t out of some of them prima donna actors. I do love it.'

Paramore's music has been a solace for millions of young adults struggling with mental health issues for more than a decade.

The 40-year-old singer's impromptu photoshoot ended in disaster when she fell backwards into the pool, ruining her freshly applied make-up.

Jessica Mauboy is separated from her mother Therese while the Northern Territory keeps its borders closed due to the coronavirus pandemic. 

The singer, 33, took the extra time at home to sunbathe topless in her garden, and shared a snap with fans via Instagram on Saturday.

The couple shared the news to Instagram on Saturday, with the Man United captain, 27, captioning a sweet hospital snap: Welcome to this crazy world baby girl. Piper Rose Maguire'

Cameron Daddo relocated to Los Angeles in 1992 in pursuit of a Hollywood acting career. 

Gregg Sulkin was spotted enjoying a grueling workout in his local park on Friday. The 27-year-old wore activewear and ensured he still masked up while outdoors during the session.

Brad Pitt has high hopes for a big family affair with all his children under one roof on the occasion of his daughter Shiloh's 14th birthday later this month.

Ashley Graham welcomed her first child, son Isaac, with husband Justin Ervin in January of this year.

The actress, 30, flaunted her bronzed physique in the sexy snap after telling fans on Friday she was meant to be on her sister's hen party before the UK was placed in lockdown.

Tyra Banks has apologized for her 'insensitive' behavior during some past moments on America's Next Top Model. The show ran for 24 seasons and debuted back in 2003.

The former Love Island star, 27, flaunted her handiwork via Instagram on Saturday.

Beyonce and her BeyGOOD Foundation have been aiding in the fight against the coronavirus pandemic in the United States.

The model, 27, posted several throwbacks on Friday, including one of her eating a cookie on the floor on her wedding day to Joshua Kushner.

Amanda Holden celebrated her fundraising success with a stunning garden photo shoot, before slipping into a bikini and enjoying a glass of rosé on Saturday.