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2023 Supreme(Online)(APTEL) 63

APPELLATE TRIBUNAL FOR ELECTRICITY
VEDANTA LIMITED. – Appellant
Versus
ODISHA ELECTRICITY REGULATORY COMMISSION & Ors. – Respondent


ORDER

PER HON’BLE MR. JUSTICE RAMESH RANGANATHAN, CHAIRPERSON

This appeal is preferred against the Order passed by the Orissa Electricity Regulatory Commission (hereinafter referred to as the

“Commission”) in Case No. 129 of 2021 dated 28.10.2022. Respondent No. 2 herein ie Grid Corporation of Odisha Limited (hereinafter referred to as

“GRIDCO”) filed an Application before the Commission, under Section

94(1)(f) of the Electricity Act, 2003 (the “Act” for short) read with Order 47 Rule-1 of the Code of Civil Procedure, 1908 ( the “CPC” for short) and Regulation 70 of the Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, (for short the “Regulations”), seeking review of the Order passed in Case No. 34 of 2018 dated 05.12.2021 whereby the Commission, while allowing GRIDCO to operate its PPA without losing its entitlement under the same, had opined that Unit-II of the appellant shall normally operate as CGP; if, in any quarter, GRIDCO required power from the appellant for State consumption they could avail the same giving three months prior notice to the appellant, and avail the same for a period of at least three months; dur

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