JUDGMENT :

B.R. GAVAI, J.

1. The appellant has approached this Court being aggrieved by the judgment and order passed by the Appellate Tribunal for Electricity (“the Appellate Tribunal” for short) in Appeal No. 184 of 2010 dated 07.09.2011 thereby dismissing the appeal filed by the present appellant and confirming the judgment and order passed by the Gujarat Electricity Regulatory Commission (“the Commission” for short) dated 31.08.2010.

2. The facts in brief giving rise to the present appeal are as under.

Respondent No. 2, namely, Gujarat Urja Vikas Nigam Ltd. (hereinafter referred to as “the procurer”) is a holding company engaged in the business of bulk purchases from the power generators and supply to the distribution companies in the State of Gujarat. On 01.02.2006, the procurer initiated the process of bidding for supply of power on long term basis, by issuing a Request For Qualification (“RFQ” for short). Three separate bids for purchase of power in accordance with the provisions of Section 63 of the Electricity Act, 2003 were invited. Each of the three bids envisaged purchase of power to the maximum extent of 2000 Mega Watt (“MW” for short). The RFQ was followed by Request For