ORDER :

Leave granted.

2. The vires of Rule 3(1)(a)(ii) of the Electricity Rules, 2005 (hereinafter referred to as `the Rules of 2005') was questioned before the High Court. The same has been upheld. Hence, the appeals.

3. In a nutshell, Appellant's averments before High Court are thus. Being an incorporated Company, it had set up a Captive Generating Plant, having a capacity of 90. M.W., at its premises situated at Naharpali in Raigarh, for its own use. A show cause notice dated 10.08.2009 was issued by respondent 2- Chhatisgarh State Electricity Commission-to the appellant, stating that as the appellant had consumed less than 51 % of the power produced by its own plant, it ceased to be a captive generation plant and that, therefore, the consequences listed in the show cause notice would follow, including that the appellant would be required to obtain "open access" under Section 42 (2) of the Electricity Rules, 2003.

4. It was contended before High Court that a Captive Generating Plant can not loose its character and status as such a plant when, due to force majeure events, it could not, in the interregnum, consume for its own use, 51 % of the power generated. It was pleaded that resp