JUDGMENT

PER HON’BLE MR. JUSTICE RAMESH RANGANATHAN, CHAIRPERSON I. INTRODUCTION: The origin of the present appeal is traceable to the notices dated 05.08.2020, issued by Gujarat Urja Vikas Nigam Limited (“GUVNL” for short) in terms of Article 9.2 of the PPAs, relating to the event of default on the part of the three Appellants-Biomass power project developers. The PPAs were entered into for generation and supply of electricity by use of agriculture residues / Biomass, a renewable power source, which entitled the Appellants to a higher preferential tariff. The three Biomass Plants of Abellon Clean Energy Ltd (i.e., the holding company of the Appellants) are, according to the appellants, the first Biomass based power projects in Gujarat established with the objective of processing and disposing of waste in a scientific manner, with electricity generation as a by-product. These bio-mass plants are said to be under shut down since August 2020.

The present Appeal has been filed challenging the Order passed by the Gujarat Electricity Regulatory Commission (the “ GERC ” for short) in Petition No.1888 of 2020 dated 13.7.2022. The said Petition was filed by the Appellants challenging the