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2019 Supreme(Online)(APTEL) 1

APPELLATE TRIBUNAL FOR ELECTRICITY
Haryana Power Purchase Centre (HPPC) & Ors. – Appellant
Versus
GMR Kamalanga Energy Limited & Ors. – Respondent


J U D G M E N T

PER HON’BLE MR. S. D. DUBEY, TECHNICAL MEMBER

1. The present Appeal being Appeal No. 135 of 2018 has been filed by the Appellants, Haryana Power Purchase Centre (HPPC) & Ors. under Section 111 of the Electricity Act, 2003 against the Order dated 20.03.2018 passed by the Central Electricity Regulatory Commission (hereinafter called the ‘Central Commission’) in Petition No. 105/MP/2017,whereby the Central Commission has allowed the petition filed by the Respondent No. 1 – GMR Kamalanga Energy Limited inter alia holding that firm linkage coal granted to GMR Kamalanga Energy Limited under Fuel Supply Agreement dated 26.03.2013 of Mahanadi Coalfields Limited (hereinafter referred as ‘MCL’) has to be apportioned for generation and supply of power from the generation project of 3 x 350 MW = 1050 MW to all three Procurers namely the Appellants {hereinafter collectively referred to as the “Haryana Utilities”}, GRID Corporation of Orissa {hereinafter referred to as “GRIDCO”}and the two Bihar Distribution companies {hereinafter referred to as “Bihar Utilities”}along with the tapering linkage and the existence of shortage of coal in the generating stations has to be considered a

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