WhatsApp Audio 2026-09-24 at 2.03.26 PM
Sep 24, 2026 11:53
· 1:16:27
· English
· Whisper Turbo
· 8 غږوونکي
دا ليکنه په 28 ورځې
د تلپاتې ذخيرې لپاره لوړول →
يوازې ښودل
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
We have in -rem applications.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
All generators which have this.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So those generators may
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
be reformed.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And accordingly,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
any orders passed by my lord may have application on those procurants
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
also who may not be repressed.
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So my lord,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
my submission is that it's a fit case where a public notice must be issued so that it shouldn't be
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
that my lord pass an order.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And then some procurants say that the order was passed without hearing them,
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
although it applies to them.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Although it has an indication on it.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And therefore,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I have taken a plea in my reply that she suffers from non -judgmental.
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Speaker 4 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Can I just...
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Speaker 4 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am...
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am presenting...
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
She suffers from non -judgmental.
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It's amazing that I have...
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It's a slow motor order.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It's a slow motor order which I am challenging against my discoms.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So now the argument is some other generator
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
will have some other discoms all not being heard.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I don't know how that makes it any...
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That's to my appeal.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I don't think anybody can dispute that whatever orders may not start in this order.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Can I start my opinion,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Mr. Vinod?
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
No, no.
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am finishing my submission.
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Please finish.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So if whatever orders Melod were to pass,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it would apply to everybody.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And it would mean that it would also apply to certain procurers who were not
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
before Melod.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And in the slow
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
motor order Melod,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it was done after hearing all stakeholders.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now could I not respond to what my friend is saying.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
What my friend is effectively arguing or trying to say is that think of a case of a tariff
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
order. There is an appellant who questions the order and there is a respondent who is defending the
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
order. Discom or a generator.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
He says the order affects a lot of people.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Ultimately may affect somebody else also.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Therefore they should be heard.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am simply saying this.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am representing two kinds of appellants here.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
One is Tata Power Company and its projects.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I have included every respondent who they are supplying power to.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Second, I'm representing Association of Power Productions and three more companies,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is GMR,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Adani and DD Power.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I have completed all their respondents.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So insofar as my challenge to this order is concerned,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
there can't be any question because everybody else who's supposed to defend this order in their
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
favor or question it is already here.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
if somebody else is aggrieved by it,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
they'll file their own appeal.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Like, for example,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
item number two,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is Mr.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Srivastav's appeal.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
He has questioned that order,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
he has won't respond.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I don't think we can stand on ceremony.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
This has been pending for a while.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me begin my matter.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That's all I'm requesting.
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So Melod,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it is not the case that the order will be confined...
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
No, but I don't understand how can my appeal be deferred on somebody else who is not here today and doesn't
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
want to challenge this order.
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Because of the nature of the impugned order,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Melod. No, no, that's not the nature.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me show the order of the order.
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And Melod,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
in fit cases,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Melod have also issued public notice in a Tative Appeals.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It is not that it's unprecedented what I'm asking.
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
But the thing is,
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
we are not issuing any order on MECG's appeals and that's what they're asking about.
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Yes,
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
yes.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
This is a CIS order.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
C is a C or C order.
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
You are asking us to do something.
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Unless
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
you complain on what we have said in our earlier order.
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
May not
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
non -suit me on this.
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
You are non -suit in business.
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Because of your utterances that you have been.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Menard, there are no utterances which are attributable to MSED.
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Menard, you have not said anything till date.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Yes.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Menard, I am making that,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I mean, whatever utterances may be there,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Menard, no submissions are attributable to MSED.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
May I start the matter? Let me give you the overview then you will appreciate what the issue is.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Items 3 and 3 .1 are against CRC October 2021 where
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
item 2 is then adjourned to 19 November.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Items 7,
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
8 and 15 are against an order of 2024 which
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
revises four parameters including the period of recovery and depreciation which are the only
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
two issues to which item 3 and 3 .1 have been confined.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So in fact your lordships have passed an order of 10 July 2021 and the reviews
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
are moved by my learned friend also say scope of 3 and 3 .1 are confined.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
to these two issues.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
These two issues were revised,
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
my lord, by the 2024 order which is the subject with the connected matters.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So firstly,
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
my lord, in my humble submission,
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
perhaps nothing survives in items 3 and 3 .1 because those parameters have been revised
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
and those are subject to separate appeals for your lordship.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Secondly,
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
your lordship has to take a view of both sets of matters.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
My friend insists on pressing the 2021 challenge also.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
They may have to be taken together in my humble submission because they are overlapping issues.
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Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
The first order has been revised by the second order.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
What happens is when there is only one...
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Sometimes it happens
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
that when there is only one appellant counsel and several respondent counsel,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
appellant is not permitted to start.
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me start.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me show you what the orders are.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me show you what the relationship is.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Pleadings are complete in all these matters.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So they can all be heard together.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
There is no problem whatsoever.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me start.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me start the matter.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
In fact,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
what I have done is...
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
MSC is a respondent here,
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Speaker 4 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
not an appellant.
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
My
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
notes are not hearing me.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
My notes may not pass any order.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I don't know what is the...
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I've never seen this tribal being auto grinding on by a DISCOM.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Please, let me be clear.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I haven't said that.
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Anyways,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
can I just pass the order?
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I'll just give a note.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me give an overview and then I'll give you a lot of what my points are.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I'm representing both the
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
association,
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
its members,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
who are opponents,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
and Tata Power and its entities.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
In fact,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
my lords, I'll give an out overview first.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I'll leave it to your lodges but could I just say one thing.
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Bear with me.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Hear me for 5 minutes and then take a call after that.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
This order is not an inter -party dispute order.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Let me put it in.
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Just hear with me.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Bear with me for a few minutes and if your lodges still feels uncomfortable,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I will defer.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am not stunned.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am not going to stop your lodges from taking a view which you have already taken another matter.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
We are what we are section 63 generators.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
We have signed power purchase agreements with discons in terms of
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
competitive bidding.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Some cases,
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
for example,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Nundra,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
CGPL,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
MSTC is a discons.
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Similarly,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
in several other cases,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
MSTC is not a discons,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
not buying power from the generator in questionnaires.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So it doesn't really make a difference according to me.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Be that as it may,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the short issue is this.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Under the bidding guidelines,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
there is a change in law clause affirmed by the government of India in
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the 2005 and 2010.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
A question arose in 2015 that post commercial operation
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
of these projects,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
there is an imposition of a requirement of flue gas desulphurization
7:30
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
system, FGD system.
7:34
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now, CRC took a series of orders,
7:35
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
and I will show that,
7:36
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
in individual cases,
7:37
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
took a plea,
7:39
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
first to recognize them as change of law,
7:41
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
because that was an issue raised before CRC,
7:43
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
and then my lords,
7:45
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
to see what is the capex,
7:46
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
what methods,
7:47
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
for example,
7:48
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Mundura came up with a tender,
7:50
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
lot of people participated,
7:51
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
bids got assigned,
7:52
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
and a capex was arrived there.
7:54
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Several orders were passed by CRC.
7:58
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
The question arose that while CAPEX is something which is known
8:02
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
for most of these projects,
8:03
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
what shall be the method of recovery of this CAPEX in the life
8:07
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
of the project?
8:08
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Therefore,
8:09
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
CRC in every order,
8:10
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is passed around that same period in time,
8:13
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Speaker 4 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
said, look,
8:13
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
on the methodology of recovery,
8:16
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I will do a separate procedure.
8:17
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So then what happened?
8:19
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
CRC called for a public notice.
8:23
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
invited comments.
8:24
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
APP, who is the,
8:25
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is the custodian of,
8:26
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it's a repository of all the thermal power plants in the country,
8:29
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
plus TACAS,
8:29
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
gave their comments.
8:31
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
CRC passes one order in 2021,
8:33
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is subject matter of challenge under item number 3 and 3 .1.
8:38
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
CRC then Suomoto revises that order in 2024,
8:41
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
subject matter of challenge 7,
8:43
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
8 and 15.
8:44
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So these orders are agnostic to parties.
8:46
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
In fact, parties did not even enter,
8:48
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
a lot of parties did not even make appearances there.
8:50
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
The simple and a short question in all these appeals are
8:54
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
and for which I only need to show you the power purchase agreement,
8:57
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
a draft power purchase agreement and a couple of judgments is that could
9:02
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
CRC.
9:02
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
while deciding compensation for change in law,
9:05
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which the Supreme Court has ruled restituted,
9:09
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which should be recovered in the life of the project,
9:11
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
could CRC go beyond the life of the project?
9:14
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That's the only question here.
9:16
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So, it is not an inter -party dispute because ultimately the view which
9:20
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
this tribunal takes will be the baseline view of the central commission,
9:24
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
will form the baseline view of the central commission and may guide other state commissions
9:28
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
who have a section 63 PPA and there of course parties will be heard depending upon cost
9:32
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
implication etc.
9:33
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Today the fight is not on inter -party.
9:36
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Today the limited short fight is what is the principle applicable?
9:39
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Can CRC transcend beyond the terms of the contract?
9:43
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That is the only question.
9:45
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So therefore, I would receive my Lord,
9:46
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
this will not, it's not an inter -party matter.
9:48
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It's a general issue.
9:50
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Yes,
9:52
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
that's the point.
9:53
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So therefore, my Lord,
9:54
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I will now kindly,
9:55
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
may I just invite you to look at a few dates.
10:00
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
If it is party agnostic,
10:02
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
if it is not inter -party,
10:03
S…
Speaker 7 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
has it been an order where it has been?
10:04
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I think M .S .C .D .C .L.
10:05
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
has taken a brief not to let any hearing happen in tribunal,
10:07
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
whether by their own party situation or by objection.
10:32
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So, if a generator is not justified...
10:36
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am not
10:41
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
talking about a generator,
10:42
S…
Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am talking about a...
10:44
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Exactly,
10:45
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
so their procurers are regarded,
10:47
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
why should their procurers be regarded?
10:53
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Why would a procurer tell its generator to appeal the order which it is benefiting from?
10:57
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Don't advance their calls.
10:58
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
They are not here,
11:00
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
let's not advance their calls.
11:01
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Anyway, could I now,
11:02
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
so I have to simplify all of this.
11:04
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I have also taken the liberty of preparing a convenience compilation,
11:07
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which I will just hand it over to the watchers.
11:09
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I have taken liberty of just putting some baseline document which I will be referring to.
11:12
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And milords.
11:28
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So, I will just go to the bare bone facts.
11:30
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Can
11:35
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
we just straight away have my alerts?
11:37
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Leave the file aside.
11:38
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I will only refer to my note and the convenience compilation which I think would cover most of my arguments
11:43
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
and some judgments.
11:44
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Please straight away have your notes page number 9
11:48
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is a short,
11:50
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
very short list of dates of how these contracts were signed and of
11:55
S…
Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
this note,
11:56
S…
Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
9 of this note.
11:57
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And if
12:01
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
you will choose my straight away have,
12:02
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am just giving...
12:06
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
There are three kinds of power purchase agreements,
12:09
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
but the essence is captured in all,
12:11
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
is identical in all three of them.
12:13
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It's not even anybody's dispute that some power purchase agreement permit CRS to go beyond.
12:17
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So that's not the case.
12:18
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
But please have me lords,
12:19
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the first agreement,
12:21
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the agreement that I have put in here is the CG player Gundara one,
12:24
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is at page one of my convenience compiling.
12:31
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am just showing you a few clauses of the PPA that what is the construct of this contract and what is our principle
12:35
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
agreements.
12:42
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Your lordships have in the past decided two or three judgments.
12:44
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
One had to be a lordship.
12:46
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Whether education should be changed in law.
12:48
S…
Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That issue is decided.
12:49
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Whether some state commissions,
12:52
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
for example, UP took a stand,
12:53
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it's not changed in law.
12:54
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And then Punjab took a stand,
12:56
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it's not changed in law.
12:57
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Those issues have been decided.
12:58
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now, this is the second stage and I'll show how.
13:00
S…
Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now,
13:01
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
please see the power purchase agreement number.
13:03
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It's established at page 1.
13:04
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And just look at page,
13:06
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
kindly have straight away.
13:10
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Page 10,
13:11
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
bottom contract here.
13:14
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Some definitions and a couple of clauses,
13:15
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
that's all.
13:16
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Just to give you a flavor of what my contracts are.
13:18
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And these are identical under both scenarios.
13:20
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It's not any different.
13:21
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Contract here is a defined term here.
13:25
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It is at bottom of page number 10.
13:27
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It says,
13:31
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Melods, means the period beginning.
13:36
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
meet the period beginning on the date of this agreement and
13:40
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
ending on immediately succeeding March 31 and thereafter.
13:44
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Each period of 12 months beginning on April 1 and ending on
13:48
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
March 31 provided that.
13:49
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now, please see clause 2.
13:50
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
The last contract year of this agreement shall end on
13:55
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the last day of the term of this agreement.
13:59
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So, the argument that I am going to build that my whole recovery
14:03
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
of change in law will cease to operate at the end of the life of the contract.
14:06
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It is nobody's case,
14:07
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it can go beyond it.
14:08
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
This is what the contract also says.
14:10
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Similarly,
14:11
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
please see Millard's one more definition,
14:13
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
expiry date,
14:14
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is at page 12.
14:21
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
expiry date means the 25th year anniversary of
14:25
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the commercial operation date of the pass station for avoidance of doubt
14:29
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
in case the COD of the pass station occurs on June 1,
14:32
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
2013 then the 25th anniversary of the scheduled commercial date of the pass
14:37
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
station shall meet June 1,
14:39
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
2038 that is a contract year of 2038 -39.
14:43
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So 25 years from the commercial operation date is the expiry
14:47
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
date of a contract and this is also not in dispute.
14:51
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Lastly Millards,
14:52
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
again operating period,
14:56
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
please see page 15 at the bottom of page 15.
15:06
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Operating period Malawad would see at the bottom of 15 minutes.
15:08
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
In relation to the unit,
15:10
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
means the period from its COD and in relation to the
15:15
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
power station,
15:15
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the case by which all the units achieve COD until expiry
15:20
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
or earlier termination of this agreement in accordance with Article 2.
15:23
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So operating period,
15:25
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
contract year,
15:26
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
all end in terms of Article 2.
15:28
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
You are also looking at the theme.
15:29
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now please see Article 2 at page 24.
15:32
S…
Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
This
15:38
S…
Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
agreement.
15:39
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
is effective from the date of its signing of this agreement by
15:44
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
all the parties.
15:45
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
This agreement shall be valid for a term commencing from effective date until
15:49
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the expiry date which is 25 years unless terminated earlier in
15:55
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
person to article 2 .2.
15:56
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Upon occurrence of expiry date this agreement shall subject to 18
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
.9 automatically terminate unless mutually extended by all the parties or
16:05
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Speaker 3 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
mutually agreed term.
16:05
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So everything ends.
16:08
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
on the 25th year of the contract.
16:10
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now millards,
16:12
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
this is what I have been able to millards perhaps show from reading the
16:16
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
definition of expiry date,
16:17
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
contract year and effective date.
16:19
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That everything ends on 25th year.
16:21
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now please have page 33.
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Clause
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
millards 4 .3 .1 first.
16:33
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Subject to the terms and conditions of this
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
agreement, the seller
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
undertakes to sell to the procurer and the procurer's undertakes
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
to pay tariff for all the available capacity up to the contracted capacity
16:49
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
of scheduled energy according to their then existing allocated
16:53
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
contract capacity through the term of this agreement.
16:55
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now in Mundara's case,
16:56
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am just taking Mundara's example first.
16:58
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Entire capacity is tied up to procurer.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
There is no ideal capacity.
17:02
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So therefore entire cost of change in law is ordinarily borne by all
17:06
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Speaker 4 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the procurers.
17:06
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It may also happen in some cases,
17:09
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which you will also see,
17:10
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
that some procurers have part -tied capacity.
17:12
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So they only have to bear the proportionate quantum of that change in law
17:16
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
in fact. They don't have to bear the whole quantum.
17:18
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So it is nobody's case that even though some capacity is
17:22
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
untied up.
17:23
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Still that change in law has to be borne by the procure.
17:25
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That's nobody's.
17:25
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So that will be separately.
17:27
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Then please see 4 .4 .1.
17:29
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Subject to the provisions of this agreement,
17:32
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the entire contracted capacity of the power
17:36
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
station and all the units of the power station shall
17:40
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
at all times be for the exclusive benefit of the procure.
17:45
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So 4 .3 .1 and 4 .4 .1 is the bond.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That till the 25th year of the contract,
17:51
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the entire power plant is yours,
17:53
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
entire power is yours.
17:54
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Speaker 6 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It only belongs to you.
17:55
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
It doesn't go anywhere else.
17:56
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So it can't be a case at,
17:58
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
so the reason why I'm building this foundation is because when
18:02
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I show you the impugned orders in question,
18:04
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it actually deviates from this principle and I'll show that how.
18:07
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Then please see my notes,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
11 .8.
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is monthly payment of supplementary bill at page
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
61.
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Either
18:19
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
party may raise on the other party supplementary
18:25
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
bill for payment on account of.
18:27
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now please see Roman 3.
18:28
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Change in law as provided in article 13 and
18:32
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
bill shall be paid by the other party.
18:34
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So all change in law bills are effectively recovered only from
18:38
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
supplementary bills.
18:39
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
There is no other mechanism under the contract.
18:41
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
And this also has a bearing to our case.
18:44
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now kindly turn to Millard,
18:46
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the relevant provision which is subject matter of dispute,
18:48
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
page 69,
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Speaker 2 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
change
18:57
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
in law. This is what needs to be interpreted in our
19:01
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
submission.
19:02
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Speaker 4 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Change in law,
19:05
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Millard, article 13 .1 .1 is not in dispute,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
so I am not reading that.
19:08
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
I am going to read from 13 .2,
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which is really the subject matter of today's dispute.
19:12
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Application and principles for computing the impact
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
of change in law.
19:18
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
While determining the consequences of change in law under this article 13,
19:22
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the parties shall have due regard to the principles and the
19:26
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
purpose of compensating the party affected by such change in law
19:30
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
is to restore,
19:32
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
can you mark this,
19:32
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
through monthly tariff payments,
19:35
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
can you mark this phrase,
19:36
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
through monthly tariff payments to the extent contemplated
19:40
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
in this article the affected party to the same economic position as this
19:45
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
change in law has not occurred.
19:46
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
The simple short point today is this,
19:49
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
that this monthly tariff payments undoubtedly will
19:53
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
stop on the expiring date,
19:54
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which I have shown to you also by reading clause 2 .1.
20:00
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Contract very simply says,
20:01
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
whatever is the restitution to be caused,
20:05
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
it must be caused through these monthly tariff payments.
20:08
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Therefore,
20:09
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
ergo,
20:10
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the question for your watchups to consider in this case is,
20:13
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
could the commission grant any form of compensation
20:17
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
under 13 .2,
20:18
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
which will transcend beyond the monthly tariff payments?
20:22
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
That's the short question in this batch of appeals.
20:25
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Yes.
20:26
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
May I just show one or two more clauses and then I will go straight to the impenotor.
20:28
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now,
20:29
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
please see, Miloads.
20:30
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Speaker 5 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
So,
20:31
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
this is 13 .2.
20:32
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
One more thing,
20:33
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Miloads, just kindly bear with me.
20:34
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Just look at page 74 also for a second because there are two parts to this whole exercise.
20:38
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
70,
20:40
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Miloads, there are two things.
20:41
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
One is construction period change in law and one is operation period change in law.
20:45
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Now, please see this.
20:46
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
As a result of change in law,
20:48
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
the impact of increase,
20:49
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
decrease, I am reading,
20:50
S…
Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
Miloads, construction period.
20:53
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
page 70 sorry page 70 sorry page 70 clause
20:57
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
a this is part of 13 .2 the next page as
21:05
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
a result of any change in law the impact of increased decrease
21:09
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
of capital cost of the project in the tariff shall be governed by the formula given below
21:13
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
now please note the next portion for every cumulative increase
21:17
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
decrease of each rupee 50 crores in capital cost
21:22
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
over the term of this agreement
21:24
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Speaker 1 (WhatsApp Audio 2026-09-24 at 2.03.26 PM)
The increase,
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