J U D G M E N T

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

1. The present Appeal has been filed by M/s. Lalitpur Power Generation Company Ltd.(the Appellant) under Section 111 of the Electricity Act, 2003 against order dated 28.05.2019 passedby theUttar Pradesh Electricity Regulatory Commission (hereinafter called the 'State Commission') in Petition No. 1402 of 2019, whereby the State Commission has rejected the petition of the Appellant seeking loss of fixed charges on account of the lower plant availability of 54.78% only, during the year 2017-18, which was directly due to the Appellant being not able to declare capacity to the full extent wholly and exclusively due to the persistent non-payment of the bills in accordance with the terms of Power PurchaseAgreement{hereinafter referred to as the PPA} by the Respondent No. 2, Uttar Pradesh Power Corporation Limited (hereinafter called UPPCL) for the Electricity generated and supplied by the Appellant. The Appellant, as a direct result of such persistent nonpaymentof amounts in the range of Rs 545 to Rs. 1267 crores (total outstanding), was placed in a position of being unable to procure coal and maintain sufficient coal stock.

2. FA