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2013 Supreme(All) 1652

UMA NATH SINGH, SATISH CHANDRA
NOIDA POWER COMPANY – Appellant
Versus
STATE OF U. P. – Respondent


JUDGMENT

Hon’ble Uma Nath Singh, J.—Petitioner-M/s Noida Power Company Limited (for short ‘’the NPCL’) by way of this writ petition, inter alia, has prayed for: (i) issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction to respondent No. 1 to assign Power Purchase Agreements (for short ‘the PPAs’) entered into with generating stations and held by respondent No. 2, the U.P. Power Corporation Ltd. (for short ‘the UPPCL’) to the petitioner Company as per the provisions of the Electricity Act of 2003 read with National Electricity Policy and Tariff Policy as notified by the Government of India; (ii) supply of power as per its load profile to the petitioner Company which, according to the petitioner, works out to be 110 MVA (on the date of filing of writ petition) till the assignment of the PPAs is not done, and (iii) issuance of a suitable writ/direction for quashment of the notice/letter No. 479/SA (Com) dated 22.8.2008 issued by respondent No. 2 (the UPPCL) apart from other or further orders which this Court may deem appropriate in the facts and circumstances of the case.

2. Brief facts of the case leading to filing of the instant writ petition











































































































































































































































































































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