Power India found that GMR Power Corporation Private Ltd has filed a case against Tamil Nadu Electricity Board (TNEB) for non-payment of tariff invoices amounting to around Rs. 600 Crs from the 200 MW Diesel Based Power Project at Basin Bridge.
GMR had entered into a power purchase agreement (PPA) with TNEB in September 1996 for setting up a 200 MW Diesel Power Plant at Basin Bridge of Chennai.
The infrastructure company had also entered into a fuel supply agreement with HPCL in December 1996 for purchase of low sulphur heavy stock fuel for its diesel engine based power plant and onward sale of power to the electricity board.
GMR had a dispute with the state electricity board with respect to PPA, land lease rentals among others.
GMR had earlier filed a petition against non payment of invoices by TNEB to Tamil Nadu Electricity Regulatory Commission in the year 2008.
- Tamil Nadu Electricity Regulatory Commission by its order dated April 16, 2010 had allowed the claims of GME and directed TNEB to pay approximately Rs 480 crore with interest in six equal monthly instalments to the former.
However, thereafter TNEB has approached the Appellate Tribunal for Electricity.
- The Aptel wide its order dated February 28, 2012 had ruled in favour of GPC.
- Aptel ruled that reimbursements received by GMR from Hindustan Petroleum Corporation Ltd (HPCL) by way of fuel credits should be paid or set-off against dues payable by the Tamil Nadu Electricity Board (TNEB).
Recently, GMR has challenged the above petition into the Supreme Court.
- A bench headed by Chief Justice S H Kapadia has sought reply from HPCL as to whether such credit has been given by it gratuitously to GMR as claimed by the latter.
- However, it asked the parties to maintain “status-quo as far as inter-se adjustment is concerned.”
More Literature on this topic:
http://courtnic.nic.in/supremecourt/temp/ac%203201-320212p.txt
http://aptel.gov.in/judgements/Appeal%20No.%20177%20of%202010.pdf
http://tnerc.tn.nic.in/orders/commn%20order/2010/DRP%20No.10%20of%202008.pdf
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