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2019 Supreme(Online)(APTEL) 34

APPELLATE TRIBUNAL FOR ELECTRICITY
Jaipur Vidyut Vitran Nigam Ltd & Ors. – Appellant
Versus
Rajasthan Electricity Regulatory Commission & Anr. – Respondent


J U D G M E N T

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

1. Both the Appeals being Appeal No. 202 of 2018 and Appeal No 305 of 2018 are directed against the Impugned Order dated 17.05.2018 passed by Rajasthan Electricity Regulatory Commission (hereinafter referred to as “RERC/Rajasthan Commission”) in Petition No.RERC-392/13.

2. BREIF FACTS OF THE CASE(S) Brief facts of the case(s) are as follows:

2.1 Appeal No. 202 of 2018 is filed by Rajasthan Distribution companies and Appeal No. 305 of 2018 is filed by Adani Power Rajasthan Limited. The Appeals are cross Appeals challenging the order dated 17.05.2018 passed by RERC.

2.2 Appellant in Appeal No. 305 of 2018 and Respondent No 2 in Appeal No. 202 of 2018 is Adani Power Rajasthan Limited (hereinafter referred to as “Adani Rajasthan”), is a Generating Company as per Section 2(28) of the Electricity Act, 2003 and developed a coal based Thermal Power Plant with an installed capacity of1320 MW (2 X 660) MW at Kawai, District-Baran, Rajasthan (hereinafter referred to as the “Kawai Project”).

2.3 Respondent Nos. 2 to 4 in Appeal No. 305 of 2018 and Appellant in Appeal No 202 of 2018 are the distribution licensees in the state of Rajasthan(

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