JUDGMENT

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

1.1 The present appeal has been preferred by M/s Siwana Solar Power Project Ltd. (herein “Appellant”) under Section 111 of the Electricity Act, 2003 challenging the Order dated 20.01.2016 (“Impugned Order”) passed by the Haryana Electricity Regulatory Commission (hereinafter referred to as the 'Commission') in Case No. 24 of 2015.

1.2 The Appellant is an Independent Power Producer having a 5 MW Solar Energy Power Plant in Village Mithi of District Bhiwani, Haryana. The Appellant executed a Power Purchase Agreement dated 21.02.2014 for supply of 5 MW power to Haryana Power Purchase Centre (herein Respondent No.2).

1.3 The Appellant is mainly aggrieved by the decision of the Respondent No. 1 Commission vide the impugned order dated 20.01.2016, whereby the said Commission has entitled the Respondent No. 1 to make payments to the Appellant for the power procured, contrary to the terms of the PPA dated 21.02.2014 as well as contrary to the statutory principles.

1.4 The present appeal raises the following issues:

i) the Commission has approved payment of tariff for the power sourced by the Appellant contrary to Article 4.1 of the PPA. As