Before the

MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai 400005.
Tel. 022 22163964/65/69 Fax 22163976
Email: mercindia@merc.gov.in
Website: www.merc.gov.in

Case No. 65 of 2021

Case of RattanIndia power Limited (Amravati) under Section 86 (1) (f) of the Electricity
Act, 2003 for resolution of disputes with MSEDCL under PPA dated 22.04.2010 and
05.06.2010

Coram
Sanjay Kumar, Chairperson
I.M.Bohari, Member
Mukesh Khullar, Member

RattanIndia power Limited: - .... Petitioner

Vs
Maharashtra State Electricity Distribution Company Ltd:- ....Respondent

Appearance
For Petitioner: - …. Shri Venkatesh (Adv.)
For Respondent: - .... Shri Ravi Prakash (Adv.)

ORDER

Date: 7 September, 2021

1. RattanIndia Power Limited (RPL) has filed the Petition on 11 May, 2021 under Section
86(1)(f) of Electricity Act, 2003 (EA) seeking resolution of the disputes with Maharashtra
State Electricity Distribution Company Ltd (MSEDCL) under the Power Purchase
Agreements (PPA) dated 22 April, 2010 and 5 June, 2010.

2. RPL’s main prayers are as under:

a) Direct the Respondent to make the payment (Principal alongwith LPS) for the
amounts claimed by the Petitioner in the present Petition within 3 days.
b) Direct the Respondent to reduce the Contract Performance Guarantee in terms of the
submissions made in the present Petition.
MERC Order in Case No 65 of 2021 Page 1
 c) Direct the Respondent to pay deemed availability charges for the period lower
availability was declared/ to be declared on account of non-payment of dues by the
Respondent.

d) Direct the Respondent to issue its No-Objection for sale of uncontracted capacity to
any third party.

3. RPL along with the main Petition had filed the interim application seeking interim relief
of payment of 50% outstanding and overdue amount from MSEDCL for the supply of
power from October 2020 to May 2021. The Commission vide its Order dated 26 May,
2021 rejected such interim relief as it was found that MSEDCL had paid 77% of amount
due at that point of time.

4. At the hearing held on 27 July, 2021, both parties submitted that they were currently
engaged with each other for amicable settlement of dispute and accordingly sought time
which was granted by the Commission. Subsequently, at the hearing held on 24 August
2021, advocate of RPL stated that out of three issues raised in the present Petition, two
issues i.e. payment of the outstanding amount along with Late Payment Surcharge and
reduction in contract performance guarantee have been resolved amicably with
MSEDCL. On third issue i.e. no objection certificate for third party sale of excess
capacity, discussion between parties is still going on. Therefore, he requested the
Commission for allowing it to withdraw the present Petition with liberty to approach
afresh, if required. Advocate for MSEDCL didn’t have any objection to this request.

5. In view of RPL’s request and considering that contentious issues raised in the petition are
resolved/getting resolved amicably, Commission allows RPL to withdraw present
Petition with liberty to file afresh if required, as per applicable law.

6. Hence following Order.

ORDER

1. Case No 65 of 2021 is dismissed as withdrawn.

2. RattanIndia Power Limited (Amaravati) is at liberty to approach the Commission

afresh if required, as per applicable law.

Sd/- Sd/- Sd/-

(Mukesh Khullar) (I.M. Bohari) (Sanjay Kumar)
Member Member Chairperson

MERC Order in Case No 65 of 2021 Page 2