1. Indian Railways, an establishment working under the control of the Central Government in terms of the Railways Act, 1989, has been constrained to come to this Tribunal by the present appeal under Section 111 of the Electricity Act, 2003 to assail the decision of the Tamil Nadu Electricity Regulatory Commission (hereinafter referred to as "TNERC" Appeal No. 188 of 2019 & IA No.980 of 2019 Page 2 of 9 or "State Commission") dated 25.03.2019 passed in Petition No. M.P. 4 of 2019, declining to entertain the request, inter-alia, for direction to the respondents - State Transmission and Distribution Companies - to process the application and grant non-discriminatory open access based on its claim of being a deemed licensee with certain other ancillary reliefs, the prime reason being that the State Commission was not satisfied with the "form" in which such petition had been presented.

1. The relevant Tariff Regulations - Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2014 (hereinafter referred to as "Tariff Regulations 2014") - in so far as they govern the obligation of the procurer of electricity to pay to the generating company for the supply received do not define or specify the "due date" for such payment. The Regulations do make provision for incentive for timely payment, the rebate admissible being subject to gradual decrease over the period specified also specifying surcharge leviable for late payment. As is the usual practice in the power industry, the Power Purchase Agreements (PPAs) contain stipulation, inter-alia, for Letter of Credit (LC), the terms and conditions settled by the parties indicating the event on which such LC can be encashed. It is the contention of the Appellant (Distribution Licensee - Procurer) that the period specified in the Regulations for rebate to be availed by payment of the bill for supply of electricity should also be treated as the period within which such payment can be legitimately insisted upon, the end of the said period being "due date" prior to which the LC cannot be invoked. The PPA which was entered upon between the parties herein carries a stipulation that the payment of the periodic bill (raised on Appeal No. 26 of 2018 & IA No. 131 of 2018 Page 2 of 24 month-to-month basis) is to be made by the last bank working day of the month in which it is raised, described as the "due date". It is also the contention of the Appellant that this stipulation (as to due date) runs contrary to the Tariff Regulations providing for the incentive (rebate) for timely payment (within 30 days), and the liability for late payment surcharge (LPSC) and, consequently, the PPA will have to be enforced only after being aligned and brought in line with letter and spirit of the Regulations.

1. The present Appeal No. 340 of 2016 has been preferred by M/s. Azure Sunrise Private Limited (Appellant) against the Impugned Order Dated 14th December, 2016 passed by the Karnataka Electricity Regulatory Commission (hereinafter the "State Commission") in Petition No. 19/ 2016 (hereinafter the "Petition"), wherein the State Commission has arbitrarily and unjustifiably retrospectively reduced the approved extension of time of 137 days granted by the distribution licensee, Chamundeshwari Electricity Supply Corporation Limited (hereinafter the "CESCOM") to only 25 days, after more than 12 months of such extension being granted and acted upon by both the parties and has further recorded that the necessary consequences as per the terms of the PPA (as defined hereinafter) shall follow.

1. The Appellant Company was established to execute what is known as Chennai Metro Rail Project ("CMRP"). On 15.02.2011, a Memorandum of Understanding ("MoU") was entered into between the Government of India, Government of Tamil Nadu and Chennai Metro Rail Limited ("CMRL"), the Appellant herein, inter-alia, for the purposes of sharing the financial burden of setting up of CMRP, the objective whereof concededly was to provide reliable, faster, economical and eco- friendly public transport services in the city of Chennai, the project undertaken being similar to the projects that have come up in different metro-cities of India including Delhi and Bangalore.

1. The present Appeal has been filed by the Swasti Power Limited ("Appellant") under Section 111 of the Electricity Act, 2003 ("Electricity Act"), challenging the legality, validity and propriety of the Uttarakhand Electricity Regulatory Commission's ("State Commission / Respondent No.1") Order dated 21.10.2015 in Petition No. 08 of 2015 ("Impugned Order") whereby the State Commission despite coming to the conclusion that the Respondents are in breach of their obligations towards construction of 220/33KV sub-station at Ghansali or in strengthening/augmentation of the existing 33KV evacuation system had erroneously dismissed the Petition filed by the Appellant while holding that there is no specific condition under the Power Wheeling Agreement dated 30.09.2005 and Power Purchase Agreement dated 03.07.2009 executed between the parties, under which the Appellant could be compensated for the loss of generation due to inactions of the Respondent No. 2 & 3.

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. 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.

It is a painful business being a hip replacement company in a pandemic, and Smith & Nephew, like the patients who are waiting for its products, has had little choice but to suffer in silence.

Midas tipped Mpac in July last year, when the shares stood at £2.03. It's been a bumpy ride since then, but the shares are already far above that level at £2.55.

We give you the lowdown on those investment trusts where family money still influences the way that they are managed.

Willingness to spend will be one key element determining the force of the bounce. Ability to work will be the other. Here, the Government's plan will be very important.

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 40-year-old singer's impromptu photoshoot ended in disaster when she fell backwards into the pool, ruining her freshly applied make-up.

The actress, 30, flaunted her bronzed physique in the sexy snap after telling fans on Friday she was meant to be on her sister's hen party before the UK was placed in lockdown.

Almost two months ago, he took to Instagram pleading for help as his daughter was stuck in a remote part of the world while everything was shutting down due to the coronavirus pandemic.

The legendary actress, 85, also revealed that despite her great success, a career in film was never her intention after she was told she would 'never make a movie'.

The actress, 38, announced the news in a social media post on Saturday, and gushed she's 'overwhelmed with love' for the new arrival.

Even though summer plans are being hampered due to the coronavirus pandemic, this model is still banking on the hopes that consumers will snatch up the gorgeous swimsuit looks she's selling.

The singer, 41, admitted she didn't expect to give out the coveted honour during that day of the auditions, as she branded Nabil's performance a 'breath of fresh air.'

Lea Michele ensured all eyes were on her growing bump on Saturday. The 33-year-old treated herself to self-care day at home where she shared her favorite products with her fans.

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.'

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

Martha Kalifatidis is hoping to bring old Hollywood glamour back.

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

The comedian, 47, real name Leigh Francis, has revealed how upset he was over his co-presenter's departure after 12 years.

Host Ant McPartlin was forced to wipe away a tear after watching the audition featuring Amanda Leask and her dog Miracle, who was rescued from the illegal meat trade.

The footballers' wives have been at loggerheads after Coleen, 34, accused Rebekah, 38, of leaking stories about her, and their case could now go to the High Court after failing to reach a resolution.

Elyse Knowles has bought a $2.3million beach house in Byron Bay. 

He enjoyed a PDA-filled romance with UK actress Elizabeth Hurley between 2010 and 2013. 

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

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

The 33-year-old, is reportedly in the centre of a '£5 million bidding war' between sports brands Nike and Adidas who are both keen to sponsor the star following the success of his online classes.

Emily recently told British GQ of quarantine with Sebastian: 'But my husband and I are in a good partnership. And I think that I've learned a lot about myself being married, for sure.'

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. 

Upon learning of the death of music legend Little Richard on Saturday, countless icons from Hollywood and the music world took to social media to pay tribute.

She welcomed daughter Harper May with husband Karl Stefanovic on May 1.

Christopher Meloni has listed his historic Hollywood Hills house, which was once the on- and offscreen home of Ozzie and Harriet Nelson. He is asking $6.495 million for the property.

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

There is cause for concern following the news that Love Island will not go ahead this summer as well as rumours circulating Strictly Come Dancing.

He's been wowing fans with his epic cake creations for his son Sonny's birthday each year.

The Our Girl star, 32, spoke to The Daily Star Sunday about the show that also stars Joe Gilgun, Damien Molony and Ryan Sampson.

The Love Island presenter, 35, is said to be in the line-up alongside fellow star Michelle, 32, who has just left BBC drama Our Girl.

The former chancellor was spotted walking through the grounds before taking up his position in Centre Court's Royal Box, where he was seen chatting with former Bank of England governor Mervyn King.

The post was vacated last month when France's Christine Lagarde stepped down following her appointment as the next head of the European Central Bank.

The latest employment figures have defied the bleak predictions made three years ago by former chancellor George Osborne as one million jobs have been created across the economy.

If the Royals were still being paid by the long-established Civil List, they would not benefit from the energy auction. But in 2012 this changed and the Queen now gets 25 per cent of the estate's profit.

Judge Louis Walsh was filming scenes with his act, Love Actually star Olivia Olson, on a London street when George, who proclaimed himself a huge fan of the IITV show, turned up.  

Clare Ambrosino will try to win the Easington seat in County Durham on December 12 - a mining community that has always returned a Labour MP since the constituency was formed in 1950.