JUDGMENT :

1. The petitioners who are “Generating Companies” in terms of Section 2(28) of the Electricity Act, 2003, have filed this petition under Article 226 of the Constitution of India to quash and set aside the communication dated 09.09.2020 issued by the Gujarat Urja Vikas Nigam Limited (‘GUVNL’ for short) by the Uttar Gujarat Vij Company Limited (‘UGVCL’ for short)

2. Facts in brief are as under:

2.1 The petitioners are generating solar power and in turn supplying such power to UGVCL, which is a distribution company. The same has been defined as “distribution licensee” under Section 2(17) of the Electricity Act 2003.

2.2 It is the case of the petitioners that the power supplied to UGVCL is in terms of the Power Purchase Agreements (‘PPAs’ for short). Article 6.2 obliges UGVCL to make payments towards the monthly tariff invoices raised by the petitioners within 30 days of receiving such invoices. It is the case of the petitioners that despite having raised invoices in September, 2020, for month of August 2020, no payments are being made on the basis of the instructions referred to herein above by the communication dated 09.09.2020. When the petitioners sought for details, the UGV