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Appeal No. 133 of 2019
Page 1 of 23
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY
NEW DELHI
(APPELLATE JURISDICTION)
APPEAL NO. 133 OF 2019
Dated: 29th April 2022
Present: Hon’ble Mr. Justice R.K. Gauba, Officiating Chairperson
Hon’ble Mr. Sandesh Kumar Sharma, Technical Member
In the matter of:
GUJARAT URJA VIKAS NIGAM LIMITED
Sardar Patel Vidyut Bhavan
Race Course,
Vadodara – 390 007
….
Appellant(s)
VERSUS
1.
APRAAVA ENERGY PRIVATE LIMITED
Regd Office:
6th Floor, Chanakya Building,
Off. Ashram Road
Ahmedabad – 380 009
Corporate Office:
7th Floor, Fulcrum, Sahar Road
Andheri (East)
Mumbai 400 099
2.
GUJARAT ELECTRICITY REGULATORY COMMISSION
1st Floor, Neptune Tower,
Opp. Nehru Bridge, Ashram Road
Ahmedabad – 380 009
…
Respondents
Counsel for the Appellant (s)
:
Mr. Anand K. Ganesan
Ms. Srishti Khindaria
Ms. Harsha Manav
Counsel for the Respondent (s)
:
Mr. Amit Kapur
Mr. Janmali Manikala
Ms. Priyanka Vyas
Ms. Sudipta Mukhopadhyay
Ms. Bitika Kaur (Dy. Legal Counsel)
for R-1
Appeal No. 133 of 2019
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Mr. Pallav Mongia
Mr. Tushar Srivastava
Mr. Ankush Mangal for R-2
J U D G M E N T
PER HON'BLE MR. JUSTICE R.K. GAUBA, OFFICIATING CHAIRPERSON
1. The dispute relates to parties including the appellant Gujarat Urja
Vikas Nigam Ltd(hereinafter “GUVNL” or “the appellant” or “the
procurer”) and the first respondent Apraava Energy Private Limited
- formerly known as CLP India Pvt Ltd - (hereinafter “Apraava” or
“the first respondent” or “the generator”), who are bound by terms
of the Power Purchase Agreementdated 03.02.1994 (“the PPA”)
which was amended twice by subsequent agreements i.e. First
Supplementary Power Purchase Agreement dated 05.12.2003
(“Supplementary PPA-I”) and then the Second Supplementary
Power Purchase Agreementdated 26.02.2014 (“Supplementary
PPA-II”), wherein latter (Apraava) is the generator of electricity
(using gas/Naphtha as fuel) while the former (GUVNL) is the
procurer. The generator has undergone change of name more
than once, the last such change being during pendency of this
appeal on 27.08.2021, the Registrar of Companies having issued a
fresh Certificate of Incorporation pursuant to name change on
29.09.2021, this having resulted in cause title being amended (by
IA no. 1821 of 2021 submitted on 11.11.2021).
2. The controversy at hand had arisen on account of the appellant
GUVNL having made deduction of Rs. 65.53 crores, including on
account of Delayed Payments Charges (“DPC”) of Rs. 3.51
Crores, and towards Interest on Working Capital (“IWC”) from the
monthly bills for July, August and December 2013 against amounts
Appeal No. 133 of 2019
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paid by GUVNL i.e. for the months prior to November 2013,
followed by Rebate of Rs 31.73 lakhs deducted from invoices
raised for the period November 2013 to January 2014 (collectively
referred to as “the Deducted Amounts”). The Petition No. 1433 of
2014 filed by Apraava has resulted in Order dated 31.07.2015
(“the impugned Order”) passed by Gujarat Electricity Regulatory
Commission(“GERC”), holding that the deductions made by
GUVNL from amounts due and payable to the first respondent
Apraava are contrary to the terms of the the PPA and the
Supplementary PPA-I”), GUNVL having been directed to refund
the Deducted Amounts to Apraava including DPC of Rs. 3.51
Crores in terms of Article 6.3(c) of the PPA, it having been
computed as Rs. 114,18,67,073/- (Rupees One Hundred and
Fourteen Crores Eighteen Lakhs Sixty-Seven Thousand and
Seventy-Three only), inclusive of DPC amounting to Rs.
48,65,31,509/- (Rupees Forty-Eight Crores Sixty-Five Lakhs
Thirty-One Thousand and Fifty-Nine only), as on 31.03.2022.
3. The impugned order was rendered primarily following the previous
ruling of this tribunal in earlier dispute between the same set of
parties against the backdrop of same contractual arrangement in
appeal (No. 37 of 2014) GUVNL v. GERC & Anr. (Appeal) decid
