9911796707
TMI Blog2007 (9) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 111 of the Electricity Act, 2003 (in short the Act). In the aforesaid appeals, the appellants have challenged the order dated 29.11.2005 passed by the Chhattisgarh State Electricity Regulatory Commission (in short the Commission) 3. We have heard Mr. Ravi Shankar Prasad, learned senior counsel, appearing on behalf of Chhattisgarh State Electricity Board - appellant in C.A.No.4268 of 2006; Mr. Shanti Bhushan, learned senior counsel, appearing on behalf of M/s Jindal Steel and Power Limited appellant in C.A.No.4529 of 2006 and Mr. Kavin Gulati, learned counsel appearing on behalf of Chhattisgarh Vidyut Mandal Abhiyanta Sangh appellant in C.A.No. 3996 of 2006. 4. Counsel for the appellant in C.A.No.3996 of 2006 has adopte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ricity Act 2003 the Jindal Power has submitted an application for grant of distribution license under Section 12 of the Act. Section 14 of the Act provides for the grant of license. Section 15 of the Act prescribes procedure for grant of license. Though the Electricity Board has raised an objection, it is a clear after thought presumably because of change or shifting of personalities in power, and such shifting stand had been adopted. The objections raised by Electricity Board are devoid of merits. The Regulatory Commission has considered the request of Jindal Power and directed issue of distribution license. We do not find any illegality or error in the grant of license as Jindal Power do possess all the requirements for the grant." 7. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion directs that the applicant pay a penalty of Rs. One lakh for contravention of the provisions of the Act aforementioned. The amount shall be deposited with the Secretary of the Commission within seven days of this order." 8. Aggrieved by this order M/s Jindal Steel and Power Limited appellant in C.A.No.4529 of 2006 also filed appeal No.27 of 2006 before the Tribunal. 9. The ground taken in the appeal was that Jindal Power does not require the license for supply of electricity as in terms of Section 10(2) of the Act as a generating company, it is competent to supply electricity to any person without using the transmission lines of the Electricity Board. After considering the ground of appeal, the Tribunal framed the following iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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