1. The dismissal of the claim brought before the Haryana Electricity Regulatory Commission (the Commission) under Section 86(1)(f) of the Electricity Act, 2003 for recovery of Rs. 76,61,606/- on account of "deemed generation" against the Respondent Discom, registered as case No. HERC/PRO-69 of 2017 "for want of prosecution" by order dated 16.01.2019, followed by dismissal of the prayer for Appeal No. 75 of 2020 Page 2 of 6 restoration of the said case by order dated 25.04.2019, has led to the present appeal being instituted before us.

2. We have heard the learned counsel on all sides and have gone through the record. We are of the view that the appeal must be allowed. We set out our reasons hereinafter.

1. Against the backdrop of validity of certain acts of the third Respondent (Procurer) encashing the Performance Bank Guarantee and terminating the Power Purchase Agreement (PPA) being questioned by the Appellant (Developer), the issues of the propriety of the approach of Appeal No. 319 of 2019 & IA Nos. 1565, 1566 & 1915 of 2019 Page 2 of 37 the first Respondent - Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to variously as "UPERC" or "State Commission" or "Commission") - to the process of adjudication and the general expectation of its neutrality particularly at the stage of an appellate scrutiny of its decision by this Tribunal have come up for consideration in this appeal.

1. The brief facts that led to filing of the present appeal are as under:

3

In terms of guidelines issued by Ministry of Power (MoP) for determination of tariff by bidding process for procurement of power by distribution licensees, on 18.05.2009, Respondent No.3- MSEDCL issued a request for proposal for procurement of 2000 MW (+30%-20%) for a period of 25 years on long term basis. In that process, the following bidders were qualified:

i. Emco Energy Ltd. ( 200 MW @2.879 Rs/kWh) ii. Rattan India Power Ltd. (Amravati) ( 1200 MW @ 3.260 Rs/kWh) iii. Adani Power Maharashtra Ltd (1200 MW @ 3.280 Rs/kWh) iv. Rattan India Power Ltd. (Nashik) (950 MW @ 3.450 Rs/kWh v. Wardha Power Company Ltd. (675 MW @ 3.620 Rs/kWh)

1. These two matters have come up against almost identical backdrop of proceedings recorded by Tamil Nadu Electricity Regulatory Commission (hereinafter referred to variously as "TNERC" or "State Commission" or "Commission"), the Appellant in first captioned appeal being Madurai Power Corporation Private Limited, which was the petitioner in D.R.P. No. 19 of 2012, the second captioned appeal having been instituted by Samalpatti Power Company Private Limited, petitioner in D.R.P. No. 16 of 2012.

2. It appears that the said two petitions had come up for consideration before the State Commission around the same point of time, the hearing having been concluded, the orders having been reserved by similar proceedings recorded on 21.12.2018. Noticeably at that stage, the State Commission was functional in full strength with the Chairman and two Members in position. Before orders could be passed in either of the said matters, one of the members (Mr. G. Rajagopal) Appeal No. 127 of 2019 and Appeal No. 146 of 2019 Page 3 of 8 demitted office in January, 2019. Meanwhile, certain written submissions had been placed on record by the parties which were respondents before the State Commission (respondents in these appeals as well). Along with the said written submissions, certain documents were submitted to which exception was taken by the appellants primarily on the ground that it was new material, taking on board the same amounting to (as per their contention) amendment of the pleadings, it being statedly impermissible at the stage at which it had been tendered for record. Since the Registry of the Commission seems to have returned such material upon objections being taken, the respondents herein were constrained to file applications - i.e. IA No. 1 of 2019 in the first captioned matter and IA No. 2 of 2019 in the other matter.

1. This Appeal is filed by Southern Power Distribution Company of Andhra Pradesh Limited challenging the impugned order dated 03.11.2017 passed by Andhra Pradesh Electricity Regulatory Commission (hereinafter referred to as "APERC/Commission").

2. The brief facts which led to filing of the present Appeal are as under:

(i) 2nd Respondent - M/s SNJ Sugars & Allied Products Pvt. Ltd.

is a sugar plant with co-generation power plant having capacity of 20 MW. It uses bagasse as a fuel for power generation. It approached the Non-conventional Energy Development Corporation of Andhra Pradesh Limited (known as "NEDCAP") for setting up of power plant and accordingly it got the approval on 07.04.2000.

1. The Appellant West Bengal State Electricity Distribution Company (WBSEDCL) has come up with the present appeal challenging the order dated 01.11.2019 of Central Electricity Regulatory Commission (the Central Commission) in Petition No. 298/MP/2018 which had been instituted by the Respondent Damodar Valley Corporation (DVC) seeking declaration as to right to recover a sum aggregating Rs.111,74,47,434 Crores towards principal and delayed payment surcharge at the rate of 1.5% per month as on 31.08.2019 along with further interest till payment. It appears that the Appellant had resisted the claim by raising the issue of limitation pleading that the Appeal No. 20 of 2020 Page 2 of 5 petition of DVC could not be entertained, it being time barred.

Sources said Amazon, run by billionaire Jeff Bezos, has run the rule over America's AMC Theatres, the world's largest cinema chain, which also owns Odeon in the UK.

Mark Manduca, of Citigroup, told institutional clients there was a 'high' probability that easyJet would have to tap investors for money by issuing shares in the next few months.

Singer and guitarist Russell Hastings thinks the Government should set up a social deprivation fund to help people who have lost income due to the coronavirus.

The Mail on Sunday today launches a £3million support package to help Britain's legion of small firms beat the coronavirus crisis.

Food columnist Alison Roman shocked Chrissy Teigen's fans on Friday, after saying she was 'horrified' by the model's food-based 'content farm.'

The star, 55, was sending a personalised message to a fan at £249 a pop. In one clip, he says in reference to his films: 'I hope you enjoy me bashing the s**t out of some of them prima donna actors. I do love it.'

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The couple shared the news to Instagram on Saturday, with the Man United captain, 27, captioning a sweet hospital snap: Welcome to this crazy world baby girl. Piper Rose Maguire'

The former Love Island star, 27, flaunted her handiwork via Instagram on Saturday.

Amanda Holden celebrated her fundraising success with a stunning garden photo shoot, before slipping into a bikini and enjoying a glass of rosé on Saturday.

In anticipation of Mother's Day, Kim Kardashian shared a throwback snapshot of mom Kris Jenner, 64, rocking a yellow bikini on Friday.

The Love Island star, 29, donned a figure-hugging white dress and captioned the sun-kissed snap: 'Malibu dreaming.'

The reality TV stars marked their relationship milestone with an idyllic picnic as they lapped up the good weather.

Ana de Armas was a vision of spring on Saturday when she stepped out in a marigold colored singlet for a walk around her Venice neighborhood with her dog.

The quizzer, 54, joked that he could become the show's first ever cannibal after admitting he might struggle with hunger in camp.

The presenter, 49, moaned she was struggling to applaud for the acts after putting on a flirty display earlier in the show with the singing duo Soldiers Who Swing.

She recently told The Wall Street Journal of her own mullet: 'But I made a record that's kind of rock influenced, hence my mullet. This was not just a random Wednesday Tiger King haircut.'

The presenter, 42, looked radiant as she headed to the Global Radio studios in London on Saturday.

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Nicole Kidman has revealed how the coronavirus pandemic is affecting her family. 

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Martha Kalifatidis is hoping to bring old Hollywood glamour back.

He's a two-time Oscar winner taking some downtime to accompany his daughter to the beach for a sunny weekend outing.

Amid the worldwide toilet paper shortage, Khloé Kardashian plastered her older sister Kourtney's home with the highly sought-after paper good. 

She is being propelled into the acting A-list by her mesmerising performance in Normal People, the BBC drama that has captured the imagination of the nation.

Sinitta, 56, who is part of Simon's close group of friends, has said that the entertainment mogul will never propose to Lauren, 42, who he shares son Eric, six, with.

His compelling portrayal of a young man in an intense, awkward relationship is setting the screen alight in Normal People.

Margot Robbie and Tom Ackerley appeared to still be in the honeymoon phase of their relationship on Saturday, when the couple were snapped in a passionate embrace in Los Angeles.

After a decadent oceanside lunch paired with a bottle of Perrier-Jouët champagne and lobster, the mom bared her taut midriff in a barely-there bikini.

Michael Clarke is celebrating his first Mother's Day since splitting from the mother of his child.

Marissa Rancan is the latest confirmed housemate for the Big Brother reboot. 

Pia Miller's nearest and dearest certainly know how to spoil her.  

Famke Janssen was glimpsed braving the cold for some takeaway on a snowy Saturday in New York City. The 55-year-old X-Men star made sure to keep her pale purple face mask and her gloves on.

The actress and the Jonas Brothers singer kept their looks casual as they went out for a walk. Sophie appeared to have Joe's hand tightly clasped in her own the whole time.

Iggy Azalea has made a surprise return to Instagram to show off her washboard abs, following unconfirmed reports she had a baby with Playboi Carti less than two weeks ago. 

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David Warner has sold one of his investment properties in Maroubra, Sydney.

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Like the rest of us, Nicole Kidman has had to find unique ways to entertain herself while in self-isolation.

The wife of Broadway star Nick Cordero recounted how her husband saved their disappointing South African honeymoon as he continues to battle COVID-19 in the ICU.

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The former Geordie Shore star, 32, also revealed that she's developed a crush on Good Morning Britain presenter Piers Morgan.