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2024 Supreme(Online)(APTEL) 47

APPELLATE TRIBUNAL FOR ELECTRICITY
RATTANINDIA POWER LIMITED (NASHIK). – Appellant
Versus
Maharashtra Electricity Regulatory Commission & Ors – Respondent


JUDGEMENT

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The captioned appeals are cross-appeals, Appeal No. 422 of 2022 filed by Rattan India Power Ltd. (hereinafter “RPL”) and Appeal No. 169 of 2023 filed by Maharashtra State Electricity Distribution Company Limited (hereinafter “MSEDCL”) against common Impugned Order dated 11.10.2021 passed by Maharashtra Electricity Regulatory Commission (hereinafter “MERC” or “Commission”) in Case No. 26 of 2021 regarding release of capacity charges against the declaration of availability of Unit-1 and Unit-4 of RPL’s Amravati Thermal Power Plant.

2. For the sake of this judgment, RPL is hereinafter referred to as the “Appellant” and the MSEDCL as the Respondent.

Description of Parties:

3. The Appellant RattanIndia Power Ltd. is a public limited company incorporated under the provisions of the Companies Act, 1956, inter-alia, a Generating Company within the meaning of Section 2(28) of the Electricity Act, 2003 (Act) and owns and operates a 1350 MW (5x270 MW) coal-fired Power Plant located at Nandgaonpeth, Amravati District, in the State of Maharashtra, the entire contracted capacity is being supplied to the MSEDCL.

4. The Respondent Ma

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