JUDGMENT

PER HON’BLE SMT. SEEMA GUPTA, TECHNICAL MEMBER

1. The Appellant - Gujarat Urja Vikas Nigam Limited (“GUVNL”) in Appeal No. 138 of 2021 and the Appellant - Essar Power Limited (“Essar Power”) in Appeal No. 201 of 2023 being aggrieved by the common Order dated 27.12.2019 passed by the Gujarat Electricity Regulatory Commission (hereinafter referred to as the ‘State Commission/GERC’) passed in Petition No. 972 of 2009 have preferred respective appeals. The State Commission, in the Impugned Order, has determined the amount along with delayed payment charges recoverable by the GUVNL in pursuance to and in terms of the Supreme Court judgement dated 09.08.2016 passed in Civil Appeal No. 3455 of 2010.

2. Since the instant appeals are cross appeals involving similar issues and are arising from the common Impugned Order, both the appeals are being disposed of with this common judgment. These Appeals have chequered history and brief facts of the Appeals are as given:

3. The GUVNL (Appellant in Appeal No. 138 of 2021/Respondent No.1 in Appeal No. 201 of 2023) is a Government of Gujarat enterprise and a Company incorporated under the Companies Act, 1956. GUVNL is one of the successor compan