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2024 Supreme(Online)(APTEL) 67

APPELLATE TRIBUNAL FOR ELECTRICITY
RKM POWERGEN PRIVATE LIMITED – Appellant
Versus
CHHATTISGARH ELECTRICITY REGULATORY COMMISSION & Ors – Respondent


J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. This appellant, a coal based thermal power plant having capacity of 1440MW (4x360MW) in Chhattisgarh, is aggrieved by the order dated

11.03.2022 passed by the 1st respondent Chhattisgarh State Electricity Regulatory Commission (hereinafter refer to as ‘the Commission) whereby its petition under Section 86(1)(f) of the Electricity Act, 2003 seeking direction to 2nd respondent Chhattisgarh State Power Distribution Company Limited (CSPDCL) (previously known as Chhattisgarh State Power Trading Company Limited – CSPTCL) to comply with the obligations under the PPAs dated 29.09.2006, 04.10.2007 and 26.06.2012 and to procure 30% of the aggregated capacity of the appellants generating unit as well as 5%

of the net power generated by the project, has been dismissed.

2. A birds eye view of the facts and circumstances of the case leading to filing of this appeal is as below:-

(i) The appellant and the erstwhile Chhattisgarh State Electricity Board (CSEB) signed a Memorandum of Understanding (MoU) dated 03.04.2006 for establishing 1440 MW (3x360) coal based thermal power plant at Ucchpinda Village, Janjgir Champa District, Raigarh, C

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