Ms Avanti Solar Energy Private Limited vs Gulbarga Electricity Supply Company Limited

Hearing History (11)

• 21JAN 2025
  Order is pronounced on 21.01.2025. Parties be intimated. Registry is directed to upload the copy of this order on website of KERC.

  Judge: Full Bench - PRK(C)+HKJ(L)+JA(M)

  Stage: FOR PRONOUNCEMENT OF ORDERS

• 17SEP 2024
  Case called for hearing on 17.09.2024. Counsel for petitioner Smt. Poonam Patil present, made submissions for payment of LPS on differential tariff in support of list of dates and events filed on 17.09.2024. Senior counsel Sri. Sriranga for Just Law present on behalf of Smt. Sumana Naganand, submits that the question of payment of LPS does not arise in view of the submissions made in the hearing on 10.07.2024, further submits that the matter is completely heard from both sides and the petitioner is required to file brief synopsis only and hence prays for orders. Commission heard both the counsels and granted time to petitioner to file brief synopsis within a weeks’ time. Next date of hearing will be intimated in due course, if there is a necessity to hear further. Otherwise, matter is deemed to have been reserved for orders.

  Judge: Full Bench - PRK(C)+HKJ(L)+JA(M)

  Stage: FOR HEARING

• 3SEP 2024
  Case called for hearing on 03.09.2024. Counsel Sri. Adit Shah present for petitioner on behalf of Smt. Poonam Patil as proxy and prays time to file brief synopsis of the instant petition. Counsel for Respondent Smt. Sumana Naganad for Just Law present, submits that matter is completely heard from both sides and prays for orders. Granted time to file synopsis. Call on 17.09.2024.

  Judge: Full Bench - PRK(C)+HKJ(L)+JA(M)

  Stage: FOR HEARING

• 10JUL 2024
  Case called for hearing on 10.07.2024. Counsel Smt. Poonam Patil present for petitioner. Senior Counsel Sri. Sriranga appeared on behalf of Smt. Sumana Naganand for Just Law for respondent, filed memo along with copy of the order dated 27.05.2024 in Appeal No. 194/2024 pending before the Hon’ble ATE and compilation. Counsel for petitioner and respondent addressed arguments on merits of the case. Senior counsel submitted that the present petition is not at all maintainable, since the petition is filed for claiming LPS for the period before determination of SCoD of the petitioner’s plant by the Commission in OP No. 232/2017. Learned Senior counsel further submitted that on the ground that SCoD would be determined by the Commission in OP No. 232/2017, the petitioner ought not to have claimed LPS, as such the order passed by the Commission on 03.04.2024 directing the respondent to pay the outstanding LPS dues in terms of Clause 13.7.2 of the PPA need to be kept in abeyance. The petitioner counsel submitted that the facts of the present case and in Appeal No. 194/2024 are not one and the same and prays for time to file detailed synopsis in this regard. Commission heard both counsels, granted time to the petitioner to file synopsis. Considering the submissions made by the learned Senior counsel for respondent, the Commission thought it fit to keep the order dated 03.04.2024 passed by this Commission in abeyance till the next date of hearing. Call on 03.09.2024.

  Judge: Full Bench - PRK(C)+HKJ(L)+JA(M)

  Stage: FOR HEARING

• 9JUL 2024
  Case called for hearing on 09.07.2024. Counsel Smt. Poonam Patil present for petitioner, reiterated submissions for LPS payments in terms of PPA since the order of ATE dated 27.05.2024 vide No. 194/2024 clearly says that Appellant to pay the Respondent at Rs. 5.03 per unit from 04.11.2023 and there is no bar or stay on this tariff, only hearing of Section 142 is deferred and hence prays for directions. Respondent counsel Ms. Vismaya Simha for Just Law present and made submissions that appeal is listed today for hearing and prays to adjourn the case. Commission heard the counsels, granted time. Call on 10.07.2024.

  Judge: Full Bench - PRK(C)+HKJ(L)+JA(M)

  Stage: FOR HEARING

• 29MAY 2024
  Case is called for hearing on 29.05.2024. Counsel for petitioner Ms. Keerthana on behalf of Smt. Poonam Patil present. Counsel for Respondent Ms. Vismaya Simha for Just Law present, submitted that in one of the case, Hon’ble ATE has passed an order directing the Commission to defer the matter till the IA is heard and decided and undertook to file memo to that effect in the registry today hence, prays to adjourned the case. Meanwhile, Advocate Sri Shahbaaz Hussain for Precinct Legal present as Amicus-curi, filed copy of the order dated 27.05.2024 passed by Hon’ble ATE in Appeal No. 194 of 2024 filed by GESCOM and Others against Avanthi Solar Energy Private Limited and Others. Commission heard the counsels and in view of Hon’ble ATE Order dated 27.05.2024 the case is adjourned. Call on 09.07.2024.

  Judge: Two Members Bench - PRK(C)+HKJ(L)

  Stage: FOR HEARING

• 3APR 2024
  Case scheduled for arguments on 06.03.2024 is rescheduled and the same is called on 03.04.2024. Petitioner counsel Ms. Keerthana on behalf Advocate Poonam Patil present. Respondent counsel Ms. Vismaya Simha for Just Law present, filed memo dated 03.04.2024 along with order of the Hon’ble High Court of Karnataka vide WP No. 7387/2024 filed by petitioner and prays time to address arguments. Commission having perused the order of the Hon’ble High Court directed the petitioner to follow and pay the outstanding LPS dues in terms of clause 13.7.2 of PPA and revert back to the Commission for addressing arguments on merits. Call on 29.05.2024.

  Judge: Full Bench - PRK(C)+HKJ(L)+JA(M)

  Stage: FOR ARGUMENTS

• 6MAR 2024
  Adjourned to 03.04.2024.

  Judge: Full Bench - PRK(C)+MDR(M)+HKJ(L)

  Stage: FOR ARGUMENTS

• 13FEB 2024
  Case is called for hearing on 13.02.2024. Counsel for petitioner Smt. Poonam Patil present and prays for claims of LPS. Counsel for Respondent Ms. Nidhi Gupta for Just Law present, submits that statement of objections dated 05.02.2024 and an application dated 08.02.2024 is filed to recall the order dated 31.01.2024 and prays to provide opportunity to defend the case after the outcome of the pending appeal before the Hon’ble ATE. Commission heard both the counsels and reiterated its stand through Advisory to the Respondent to clear the outstanding LPS dues in terms of the PPA under clause 13.7.2 to avoid accumulation of unnecessary interest burden on the consumers, if in the event of any favourable orders from the Hon’ble ATE at a later date in favour of Respondent, the amount paid can be recovered or adjusted towards in the future invoices. In spite of directions, respondent counsel pressed for recalling order dated 31.01.2024. Commission heard the respondent counsel and recalled its earlier order 31.01.2024. The Respondent is directed to make payments according to Art 13.7(2) of the PPA. Further, it is ordered that if due to default in following Art 13.7(2) of the PPA, any LPS amount is payable to the petitioner after judgment / order of Hon’ble ATE, the said LPS amount should be recovered from the concerned officer’s and the amount cannot to be passed on to GESCOM or Consumers. Call on 06.03.2024 for arguments.

  Judge: Two Members Bench - PRK(C)+MDR(M)

  Stage: FOR HEARING

• 31JAN 2024
  Case is called for hearing on 31.01.2024. Counsel for the petitioner Ms. Ranjitha for Smt. Poonam Patil present. Counsel Ms. Vismya Simha for Just Law advocate present and prays time to file Statement of Objections. Commission heard the respondent counsel and directed to obey the directions issued on the last date of hearing to pay the outstanding LPS dues to avoid the burden on the consumers and to file compliance affidavit. Call on 13.02.2024.

  Judge: Two Members Bench - PRK(C)+MDR(M)

  Stage: FOR HEARING

• 9JAN 2024
  Case is called for hearing on 09.01.2024. Counsel for petitioner Smt. Poonam Patil present and made oral submissions on the merits of the case. Counsel for Respondent Smt. Sumana Naganad for Just Law present, submits that in view of the Hon’ble High Court of Karnataka order dated 8th September 2023 vide W.P.No. 20204/22, an Appeal preferred and pending before the Hon’ble ATE and prays to hear the matter after the outcome of the appeal and prayed for time to file objections. Commission heard both counsels and suggested the Respondent to pay the outstanding LPS dues to avoid accumulation of further interest and to take appropriate action after the outcome in the pending Appeal before the APTEL. Respondent counsel agrees to consider the suggestion. Call on 31.01.2024.

  Judge: Two Members Bench - PRK(C)+MDR(M)

  Stage: FOR HEARING