COURT-2 IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APL No. 13 OF 2017 Dated: 23^rd July, 2024 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

Indian Wind Power Association (IWPA)

Through its Vice President

513-514, 5^th Floor, World Trade Centre, Barakhamba Lane, New Delhi – 110001. …Appellant(s)

Vs.

1) Madhya Pradesh Electricity Regulatory Commission, Through its Secretary. 5^th Floor, Metro Plaza, Arera Colony, Bittan Market, Bhopal – 462016, 2) M.P. Power Management Co. Ltd.

Through its Director, No. 1, Shakti Bhawan, Rampur, Jabalpur – 482008.

3) M/s. Green Energy Association, Sanrgam, 143, Taqdir Terrace, Near Shirodkar High School, Dr. E. Borjes Road, Parel(E), Mumbai – 4000127.

4) Madhya Pradesh Poorva Kshetra Vidyut Vitran Co. Ltd., Through its Director, Shakti Bhawan, PO: Vidyut Nagar, Rampur, Jabalpur (M.P.) - 482008.

5) Madhya Pradesh Paschim Kshetra Vidyut Vitran Co. Ltd.

Through its Director, GPH Campus, Pologround, Indore.

6) Madhya Pradesh Madhya Kshetra Vidyut Vitran Co. Ltd., Through its Director, Bijli Nagar Colony, Nishtha Parisar, Govindpura, Bhopal – 462023.

7) Madhya Pradesh Urja Vikas Nigam Ltd.

Through its Director, Link Rd., Number 2, 5 No. Bus Stop, Shivaji Nagar, Bhopal – 462016. …Respondent(s)

Counsel for the Appellant(s) : Mr. Vishal Gupta Mr. Kumar Mihir Mr. Sumeet Sharma Mr. Majid Durrani Mr. Adishree Chakraborty Mr. Vishal Gupta Mr. Divyanshu Gupta Mr. Nikhil Kumar Mr. Ashutosh Jain Mr. Sumeet Sharma Counsel for the Respondent(s) : Mr. Shri Venkatesh Mr. Sandeep Rajpurohit Ms. Nishtha Kumar Mr. Samarth Kashyap Mr. Suhael Buttan Mr. Vikas Maini Mr. Krishnesh Bapat Ms. Lasya Pamidi Mr. Varun Singh Mr. Pratyush Singh Mr. Aashwyn Singh Mr. Vineet Kumar for R-1 Mr. G. Umapathy, Sr. Adv.

Mr. Nitin Gaur Mr. Aditya Singh Ms. Vaishnavi Ms. Pavitra B.

Ms. Sanjeev Khari Ms. Anuradha Mishra Mr. Purushaindra Kaurav Ms. Anuradha Mishra for R-2 Ms. Mandakini Ghosh Mr. Parinay Deep Shah Ms. Ritika Singhal Mr. Saransh Shaw Ms. Surabhi Pandey for R-3

ORDER

The instant Appeal has been filed challenging the part order dated

06.09.2016 for suo moto Petition No. 43 of 2015 passed by the Madhya Pradesh Electricity Regulatory Commission, whereby the State Commission has effectively waived of the shortfall in the renewable purchase obligation on the 2^nd Respondent for the Financial Year 2014-15, 2015-16.

After hearing the contesting Parties herein, we found it appropriate to direct the 2^nd Respondent to submit their compliance report in respect of RPO. The affidavit has since been filed by the 2^nd Respondent, furnishing the information as sought for. The same was discussed during the hearing and the Appellant accepted the said submission made by the 2^nd Respondent, accordingly, the Appeal stands disposed of in terms of the compliance report filed by the 2^nd Respondent.

We make it clear that we have not passed any observation on the submission made. However, in the light of the provisions of the Electricity Act, 2003 and the relevant regulations of the State Commission, the 2^nd Respondent is duty bound to comply with the RPO obligations. Therefore, for future orders, they should adhere to the regulations as specified.

The Appeal and IAs, if any, are disposed of in above terms.

Pronounced in the Open Court on 23^rd July, 2024.

(Virender Bhat) (Sandesh Kumar Sharma)

Judicial Member Technical Member (Electricity)

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