J U D G M E N T

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

1. The Appellant, Techno Electric & Engineering Company Limited formerly Simran Wind Project Ltd. (“Simran”) has filed the present Appeal challenging the findings of the Order passed by Central Electricity Regulatory Commission (“CERC”) dated 28.01.2020 in Petition No. 242/MP/2019 (“Impugned Order”) whereby the CERC has failed to appreciate the impact of merger and amalgamation of a holding company into its subsidiary company. By doing so, CERC has wrongly deprived the Appellant of its legitimate entitlement as a renewable energy generator.

1.1 Pursuant to the merger, the Appellant continues to be entitled to Renewable Energy Certificates (“RECs”) as it was prior to the merger as the merger resulted into change in name only and not change in legal status. CERC wrongly treated it as change in legal status.

1.2 The statutory framework in India mandates promotion of renewable energy generation. The Electricity Act, 2003 (“Act”), the policies framed under the Act, as also the National Action Plan on Climate Change provide for a roadmap for increasing the share of renewable energy in the total generation capacity in the country.