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2020 Supreme(Online)(APTEL) 3

APPELLATE TRIBUNAL FOR ELECTRICITY
Eswari Green Energy LLP. – Appellant
Versus
Karnataka Electricity Regulatory Commission & Ors. – Respondent


J U D G M E N T

PER HON'BLE MR. JUSTICE R.K. GAUBA, JUDICIAL MEMBER

1. These matters were taken up for final hearing by video conference, physical presence being not possible due to National Lockdown imposed for containing spread of corona virus (Covid-19).

PREFACE

2. This batch of appeals assail Order dated 04.09.2017 (the impugned order) passed by the Karnataka Electricity Regulatory Commission (hereinafter referred to as “the KERC” or “the State Commission” or “the Commission”) determining the generic tariff of Rs 3.74 per kWh for Generation and sale of electricity by the wind power projects in the State of Karnataka to the Electricity Distribution Licensees (hereinafter ESCOMs) including the second respondent Hubli Electricity Supply Company Limited (hereinafter referred to as “the HESCOM” or “the Discom”). The generic tariff determined under the said order dated

04.09,2017 has been applied not only prospectively for the wind projects which are commissioned after 04.09.2017 but also to the wind power projects of the appellants whose projects were commissioned prior to 04.09.2017 and in respect of which the ESCOMs had approached the State Commission for approval of final Power Purch

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