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J. B. PARDIWALA, K. V. VISWANATHAN
Tamil Nadu Generation And Distribution Corporation Ltd. – Appellant
Versus
Penna Electricity Limited – Respondent
Headnote: Read headnote
JUDGMENT :
K.V. Viswanathan, J.
1. The present appeal calls in question the correctness of the judgment and order dated 10.07.2013 passed by the Appellate Tribunal for Electricity (for short ‘APTEL’) in Appeal No.112 of 2012.
2. The Tamil Nadu Electricity Regulatory Commission (for short ‘TNERC’) and the APTEL have concurrently found in favour of the respondent. It has been held that the power generated by the respondent by the open cycle gas turbine for the period from 29.10.2005 to 30.06.2006 (hereinafter called as ‘Relevant Period’) and supplied to the appellant could not be termed as “infirm power” and that it could only be treated as “firm power”. The consequence of the said finding was that the Commercial Operation Date (for short the ‘COD’) for the Gas Turbine in Open Cyc006Ce was held to be 29.10.2005 (i.e. the synchronization date) and since power was delivered on a continuous basis, the
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