JUDGMENT :

Rastogi, J.

1. The instant appeal has been filed under Section 125 of the Electricity Act, 2003(hereinafter being referred to as the “Act 2003”) assailing the judgment and order of the Appellate Tribunal for Electricity dismissing the appeal filed at the instance of the present appellant.

2. The appellant initially filed a petition under Section 86(1)(f) of the Act, 2003 and sought the following reliefs:

(a) direct the Respondent to make the payment of Rs.25.63 Crores towards fixed charges and Rs.8.10 Crores towards payment due on the actual variable charges payable in respect of the power generated and availed for 153.26 millions unit during the period 29.10.2005 to 30.06.2006 to the Petitioner.

(b) direct the Respondents to make the payment to the Petitioner of the sum of Rs.18.06 Crores towards under recovered fixed charges in respect of operations of the generating station of the Petitioner for the period 01.07.2006 to 15.06.2009.

(c) direct the Respondents to make the payment to the Petitioner of the sum of Rs.12.77 crores towards under recovered additional cost of