ORDER

Gujarat Urja Vikas Nigam Limited has filed the instant Petition under Sections 79(1)(b) and (f) read with Sections 11, 29 and other applicable provisions of the Electricity Act, 2003, seeking directions against Tata Power Company Limited (“TPCL” or the “Respondent No. 1”) for compliance with the directions issued by the Ministry of Power (“MoP”) under Section 11 of the Act dated 20.2.2023 and under Section 142 and 146 of the Electricity Act, 2003 (“Act”) and with reference to the Power Purchase Agreement (“PPA”) dated 22.4.2007 executed between the parties.

The Petitioner has alleged that despite the operation of the MoP directions requiring generation and supply of power from imported coal-based plants during the notified period, TPCL failed to supply power in accordance with its contractual and statutory obligations, resulting in financial loss to GUVNL. The Petitioner has made the following prayers in the instant Petition:

“a. Direct that the Respondent No. - 1 Tata Power Company Limited is obligated to generate and supply electricity to Gujarat Urja Vikas Nigam Limited in terms of the directions of the Ministry of Power, Government of India dated 20.02.2023 under Section 11 of the Electricity Act, 2003;

b. Direct Tata Power to declare availability to Gujarat Urja Vikas Nigam Limited against the contracted capacity of 1805 MW and WRLDC to schedule the requirement of GUVNL in terms of the directions of the Central Government, provisions of the PPA dated 22.04.2007 and in accordance with the provisions of Electricity Act, 2003 Indian Electricity Grid Code and other applicable provisions of law;

c. Pass ad interim ex-parte orders in terms of prayers (a) and (b) mentioned above;

d. Initiate proceedings under Section 142 of the Electricity Act, 2003 against Tata Power, its Managing Director and other directors, officers and every other person who at the time when the contravention of Section 11 was committed was in charge of and was responsible to the Company for the conduct of its affairs, for contravention of direction dated 20.02.2023 notified by the Central Government;

e. Direct that steps be initiated for filing complaint under Section 146 of the Electricity Act, 2003 against the Managing Director and other directors, officers of Tata Power and every other person, who at the time when the contravention of Section 11 was committed, was in charge of and was responsible to the Company for the conduct of its affairs for contravention of direction dated 20.02.2023 notified by the Central Government;

f. Pass any such further order or orders as this Hon’ble Commission may deem just and proper in the circumstances of the case.”

The Petitioner has filed three interlocutory applications seeking amendments to the Petition and interim directions. The Petitioner has filed Interlocutory Application (IA) No. 79/IA/2023 on 8.9.2023, wherein the following prayers have been made:

“a. Permit the Applicant to place the above details and consider the same in the adjudication of the matters raised in Petition No. 117/MP/2023;

b. Consider the following additional prayer(s) as part of the Petition:

“(g) hold that Tata Power is liable to pay an amount of Rs. 112,82,31,613 (Rs. 112.83 crores) (principal) on account of loss suffered by GUVNL on purchase of expensive power together with interest for the period from 18.04.2023 till payment and further that the said amount shall be adjustable in the payment of any amount becoming due from GUVNL to Tata Power, if any, during the period of operation of Section 11 direction presently till 31.10.2023 or in the alternate direct Tata Power to pay the amount”; and

c. Pass such further order or orders as may be considered just and appropriate.”

The Petitioner has further filed IA No. 86/IA/2024 on 30.7.2024 to place on record an Amended Petition with the following prayers along with the following prayers:

“a. Allow the application for amendment and take on record the Amended Petition