JUDGMENT

KURIAN, J.

1. The appellant is aggrieved by the concurrent findings recorded by the Maharashtra Electricity Regulatory Commission (in short ’the Commission’) and the Appellate Tribunal for Electricity (in short ‘the Tribunal’).

2. The appellant had entered into an agreement to generate and supply power to Respondent No.1. Since the appellant could not keep up the time schedule, it made an adhoc arrangement for purchase of power from other sources.

3. Whether such adhoc supply should be at the actual cost incurred by the appellant or at the agreed rate for the generated power is the short question.

4. Interpreting the terms of the agreement and the communications in-between, the Commission as well as the

Tribunal, after elaborately discussing the entire evidence, have rendered a concurrent finding against the appellant. The specific understanding between the parties was that being a bidder, who has agreed to supply power from the source of generation, can claim the Power Purchase Agreement (in short ‘PPP’) rates only for the generated power. For the delayed generation, to avoid the penalty, appellant was permitted to make adhoc arrangements by purchase of power from other sources