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CENTRAL ELECTRICITY REGULATORY COMMISSION
Jishnu Barua, Chairperson, Ramesh Babu V, Member, Harish Dudani, Member, Ravinder Singh Dhillon, Member
KSK Mahanadi Power Company Limited – Appellant
Versus
Southern Power Distribution Company of AP Limited – Respondent
| Table of Content |
|---|
| 1. background on power purchase agreements (ppas) and parties involved. (Para 1 , 2 , 3 , 4 , 8 , 10) |
| 2. disputes arise from non-payment and unilateral deductions by respondents. (Para 5 , 7 , 9 , 11) |
| 3. procedural history of the petitions and jurisdictional issues. (Para 6 , 12 , 13) |
| 4. court's noted arguments regarding jurisdiction over ppa disputes. (Para 14 , 15 , 16 , 18 , 19) |
| 5. court’s observations on the jurisdiction of the central commission. (Para 20 , 21 , 22 , 23) |
| 6. court’s analytical discussion on the relationship between sections 79 and 86. (Para 25 , 26 , 27) |
| 7. criteria for adjudicating disputes related to tariff vs. non-tariff. (Para 28 , 29 , 30) |
| 8. judgment surrounding the distinction of tariff-related claims. (Para 31 , 32) |
| 9. court's decisions on arbitration for dispute resolution. (Para 33 , 34) |
| 10. conclusion and directions related to arbitration agreement. (Para 36 , 38) |
ORDER
Background
The Petitioner, KSK Mahanadi Power Company Ltd. (KSKMPCL), is a company incorporated under the Companies Act, 1956 , and is presently governed by the Companies Act, 2013 . The Petitioner is a generating company within the meaning of Section 2(28) of the Electricity Act
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