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2023 Supreme(Online)(APTEL) 35

APPELLATE TRIBUNAL FOR ELECTRICITY
Inox Green Energy Services Ltd & Ors. – Appellant
Versus
Central Electricity Regulatory Commission & Ors. – Respondent


O R D E R

PER HON’BLE MR. JUSTICE RAMESH RANGANATHAN, CHAIRPERSON

1. This Appeal is preferred against the Order passed by the Central Electricity Regulatory Commission (for short “CERC”) in IA No. 23 of 2022 in 95/MP/2022 dated 29.06.2022. The Appellant herein filed an IA before the CERC seeking interim directions restraining the Respondents from taking coercive action against them. They filed IA No. 23 of 2022 thereafter to restrain the Respondents from encashing the Bank Guarantee, furnished by them, till final adjudication of the Petition by the CERC.

2. The 2 nd Respondent–Solar Energy Corporation of India Limited (for short “SECI”) invited proposals on 31.05.2017 for setting up Grid connected wind power projects, on “build own operate” basis, for an aggregate capacity of 1000 MW. The Appellant was issued a letter of award for setting up a 250 MW wind power project on 03.11.2017. A Power Purchase Agreement (for short “PPA”) was entered into on 21.07.2017, and the Haryana Electricity Regulatory Commission (for short “Commission”) on 24.11.2017 adopted the tariff while disposing of the earlier Petition. The 2 nd Respondent entered into a

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