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2016 Supreme(Online)(APTEL) 35

APPELLATE TRIBUNAL FOR ELECTRICITY
ADANI POWER MAHARASHTRA LTD. – Appellant
Versus
MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ORS. – Respondent


O R D E R

PER HON’BLE (SMT.) JUSTICE RANJANA P. DESAI – CHAIRPERSON

1. By Order dated 15/12/2014, this Tribunal has directed impleadment of Prayas as party Respondent in this appeal. Therefore, Prayas has preferred an impleadment application being I.A. No.470 of 2014 for its impleadment. In view of the said Order dated 15/12/2014, we grant the said impleadment application. Prayas is added as Respondent No.3 in this appeal.

2. The Applicant - Adani Maharashtra has filed the present Appeal being DFR No.2635 of 2014 challenging the findings of the Maharashtra Electricity Regulatory Commission (“the State Commission”), in Order dated 21/08/2013 passed in Case No.68 of 2012 whereby the State Commission while granting relief to Adani Maharashtra rejected Adani Maharashtra’s submission that withdrawal of Terms of Reference qua Lohara coal block and subsequent de-allocation of the said block constitute Force Majeure as per the Power Purchase Agreement (“PPA”). There is 382 days’ delay in filing the present appeal. Hence, the present application is preferred by Adani Maharashtra praying that the said delay be condoned. Additional affidavit has also been filed on 21/07/2016 in support of the in

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