Appellate Tribunal for Electricity

D.B. Power Ltd. vs Central Electricity Regulatory Commission & Ors. on 18 August 2020

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COURT-I

IN THE APPELLATE TRIBUNAL FOR ELECTRICITY

(Appellate Jurisdiction)

Dated: 18thAugust, 2020

Present: Hon’ble Mrs. Justice Manjula Chellur, Chairperson

Hon’ble Mr. Ravindra Kumar Verma, Technical Member In the matter of:

D.B. Power Ltd.

having its registered office at:

Office Block 1A, 5th Floor,

Corporate Block, DB City Park,

DB City, Arera Hills,

Opposite MP Nagar, Zone-I,

Bhopal-462016

(Through its Authorized Signatory Sh. Vikas Adhia)

…Appellant(s)

Versus

1.

2.

3.

Central Electricity Regulatory Commission 3rd and 4th Floor, Chanderlok Building 36, Janpath, New Delhi – 110 001

Through its Secretary

Tamil Nadu Generation and Distribution

Corporation Limited

6th Floor, Eastern Wing

144, Anna Salai,

Chennai - 600002, Tamil Nadu

Through its Chairman/ Managing Director

Prayas (Energy Group)

Prayas (Energy Group), Unit II A & B,

Devgiri, Joshi Railway Muesum Lane,

Kothrud Industrial Area, Kothrud,

Pune, Maharashtra-411038

Through its Secretary

.…

.…

….

Respondent No.1

Respondent No.2

Respondent No.3

4.

5.

Rajasthan Urja Vikas Nigam Ltd.

Vidyut Bhawan, Janpat,

Jyothi Nagar,

Jaipur – 302005

Through its Chief Engineer

PTC India Limited,

Having its office at 2nd floor,

NBCC Tower, 15 BhikajiCama Place,

New Delhi - 110066,

Through its Director – Marketing

….

….

Respondent No.4

Respondent No.5

Counsel for the Appellant(s)

: Mr. Deepak Khurana

Mr.Tejasv Anand

Counsel for the Respondent(s) : Mr. G. Umapathy Mr. Vallinayagam for R.2

Ms. Ranjitha Ramachandran

Ms. PoorvaSaigal

Ms.AnushreeBardhan

Mr. Shubham Arya

Mr. Arvind Kumar Dubey for R.3

Mr. Aashish Anand Bernard

Mr. ParamhansSahani for R.5

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ORDER

PER HON'BLE MR. RAVINDRA KUMAR VERMA, TECHNICAL MEMBER

1. This is an Application seeking amendment of Appeal being Appeal No. 225 of 2018 filed by the Appellant which is pending for consideration before this Tribunal.

2. The learned counsel appearing for the Appellant and also Mr. G. Umapathy, learned counsel arguing for Respondent No.2/Discom submitted that the IA No. 128 of 2019, filed in Appeal no. 225 of 2018, for amendment of appeal is similar in all aspects with the amendment application being IA No. 129 of 2019 filed in Appeal No. 253 of 2018 titled “DB Power Limited vs. Central Electricity Regulatory Commission & Ors”.

3. This Tribunal has passed order on 15th May, 2020 on IA No. 129 of 2019 and allowed the application for amendment of the appeal.

4. In view of the fact that the IA No. 128 of 2019 is similar in all aspects with the 129 of 2019, we are of the considered opinion that the findings of this Tribunal in IA No. 129 of 2019 filed in Appeal No. 253 of 2018 titled “DB Power Limited Vs. Central Electricity Regulatory Commission & Ors. order dated 15.05.2020” shall squarely apply to the present amendment application.

5. Accordingly, amendment application being IA No. 128 of 2019 filed in Appeal No. 225 of 2018 is allowed and stands disposed of in above terms. Pronounced in the Virtual Court through video conferencing on this 18th day of August, 2020.

(Ravindra Kumar Verma)

(Justice Manjula Chellur) Technical Member

Chairperson √ REPORTABLE/NON-REPORTABLE

mk

COURT-I

IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL NO. 225 OF 2018 & IA Nos. 1512 & 1514 OF 2019

Dated: 18th August, 2020 Present: Hon’ble Mrs. Justice Manjula Chellur, Chairperson Hon’ble Mr. Ravindra Kumar Verma, Technical Member In the matter of: DB Power Limited

.… Appellant(s) Versus Central Electricity Regulatory Commission & Ors. .… Respondent(s) Counsel on record for the Appellant(s) : Deepak Khurana Tejasv Anand Vineet Tayal Abhishek Bansal

Counsel on record for the Respondent(s): Vallinayagam for R.2

Ranjitha Ramachandran

Poorva Saigal

Anushree Bardan

Shubham Arya

Arvind Dubey for R.3

Aashish Anand Bernard

Paramhans Sahani for R.5

ORDER

Proceedings in this matter are conducted through video conferencing.

Additional reply to the amended appeal may be filed within three weeks i..e, on or before 09.09.2020 with advance copy to the other side. Thereafter, rejoinder may be filed on or before 24.09.2020 with advance copy to the other side.

List the matter on 14.10.2020 before the regular bench.

(Ravindra Kumar Verma) (Justice Manjula Chellur) Technical Member Chairperson

ts

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