O R D E R

The learned counsel for the petitioner submitted the copy of the order passed by the Appellate Tribunal for Electricity at New Delhi in Appal No.197 of 2019 dated 02.08.2021, wherein the issues raised in the present writ petition were considered and the same reads as under:-

“111. The Appellant, NSEFI, is mainly aggrieved with the decision of the Respondent Commission in the impugned order dated 25.03.2019 to disallow deemed generation charges for the capacity which could not be generated and supplied due to backing down instructions issued by Respondent No 3 (TNSLDC). The Appellant Association has alleged that its members were directed to back down generation of their solar plants by way of arbitrary, unjustified and unlawful verbal and email instructions issued by the State Load Despatch Centre. It is the contention of the Appellant that the backed down energy must be considered as deemed generation and ought to have been compensated with deemed generation charges as per the tariff applicable under PPA by the Respondent Commission. In this regard, the Respondent Commission, in the impugned order, has decided as under:-

“10.17. While perusing the rejoinder filed by the pet