WhatsApp Audio 2026-09-24 at 2.03.26 PM
ជំពូក
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0:00ជំពូក 1: We have in -rem applications. 241s · Speaker 1
We have in -rem applications. All generators which have this. So those generators may be reformed. And accordingly, any orders passed by my lord may have application on those procurants also who may not be repressed. So my lord, my submissi…
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4:03ជំពូក 2: Items 3 and 3 . 70s · Speaker 7
Items 3 and 3 .1 are against CRC October 2021 where item 2 is then adjourned to 19 November. Items 7, 8 and 15 are against an order of 2024 which revises four parameters including the period of recovery and depreciation which are the only t…
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5:13ជំពូក 3: Let me start. 277s · Speaker 2
Let me start. Let me show you what the orders are. Let me show you what the relationship is. Pleadings are complete in all these matters. So they can all be heard together. There is no problem whatsoever. Let me start. Let me start the matt…
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9:50ជំពូក 4: Yes, that's the point. 100s · Speaker 5
Yes, that's the point. So therefore, my Lord, I will now kindly, may I just invite you to look at a few dates. If it is party agnostic, if it is not inter -party, has it been an order where it has been? I think M .S .C .D .C .L. has taken a…
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11:30ជំពូក 5: Can we just straight away have my alerts? 77s · Speaker 2
Can we just straight away have my alerts? Leave the file aside. I will only refer to my note and the convenience compilation which I think would cover most of my arguments and some judgments. Please straight away have your notes page number…
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12:48ជំពូក 6: That issue is decided. 196s · Speaker 6
That issue is decided. Whether some state commissions, for example, UP took a stand, it's not changed in law. And then Punjab took a stand, it's not changed in law. Those issues have been decided. Now, this is the second stage and I'll show…
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16:05ជំពូក 7: mutually agreed term. 61s · Speaker 3
mutually agreed term. So everything ends. on the 25th year of the contract. Now millards, this is what I have been able to millards perhaps show from reading the definition of expiry date, contract year and effective date. That everything e…
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17:06ជំពូក 8: the procurers. 69s · Speaker 4
the procurers. It may also happen in some cases, which you will also see, that some procurers have part -tied capacity. So they only have to bear the proportionate quantum of that change in law in fact. They don't have to bear the whole qua…
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18:15ជំពូក 9: Either party may raise on the other party supplementary bill for payment on account of. 114s · Speaker 2
Either party may raise on the other party supplementary bill for payment on account of. Now please see Roman 3. Change in law as provided in article 13 and bill shall be paid by the other party. So all change in law bills are effectively re…
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20:09ជំពូក 10: ergo, the question for your watchups to consider in this case is, could the commission grant any form of compensation under 13 . 80s · Speaker 5
ergo, the question for your watchups to consider in this case is, could the commission grant any form of compensation under 13 .2, which will transcend beyond the monthly tariff payments? That's the short question in this batch of appeals. …
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21:29ជំពូក 11: I just pause here. 85s · Speaker 6
I just pause here. What this effectively says is, suppose a power plant was commissioned or beaded out in 2014 -50, FGD notification came in 15. If he does commission the FGD system before his commercial operation date, which is before it s…
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22:54ជំពូក 12: Now, my lord, you should ask me the impugn order. 227s · Speaker 2
Now, my lord, you should ask me the impugn order. Straight away have, my lord, the first order of CRC. Should I just show you the rest of the facts, the broad facts? Yes, it's reproduced there. The first order of Millard is at 353. 2021, su…
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26:42
In fact, your lot ships and the Supreme Court have deprecated time and time over again that while deciding a change in law matter, there is no residual power to balance anything. It is a plain text of the contract. How do you transcend beyo…
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27:56ជំពូក 14: Interestingly, Millard, of course, we have not questioned this very thing. 178s · Speaker 2
Interestingly, Millard, of course, we have not questioned this very thing. The original order was passed by four honorable members. The Corrigendum, which has to be read as part of the original order, is passed by three honorable members. t…
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30:54ជំពូក 15: payment. But then R &D not transcending the boundaries of contract is a simple question. 172s · Speaker 5
payment. But then R &D not transcending the boundaries of contract is a simple question. Isn't that what your lockships have continuously deprecated by saying don't transcend that boundary. Don't try and balance things out. These discoms ar…
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33:47ជំពូក 16: We are not worse off. 242s · Speaker 4
We are not worse off. But this order also transcends beyond the 25 -year -old, my lords, 25 -year -old long EPA. Now, my lords, may I speak again now on this point, because your officers have just seen these pages. May I straight away take …
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37:49ជំពូក 17: Therefore, any appeal made to the general part of 13 . 66s · Speaker 6
Therefore, any appeal made to the general part of 13 .2 which speaks about affected party being restored to the same economic position as if... such change of law had not occurred, cannot result in departing from the specific formula given …
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38:55ជំពូក 18: section 62. 178s · Speaker 2
section 62. However, If you notice the contents of paragraph 19 and 20, the principle which the first respondent seeks to canvas before us does not appear to emerge. The argument of the first respondent is that even dehors the terms of the …
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41:55ជំពូក 19: Reasonably so. 243s · Speaker 4
Reasonably so. And then say that because it is more equitable, I will now permit you to go beyond 25. That is really the short question in this appeal. And in fact, Millard, the Honorable Supreme Court has quoted the uberational judgment. H…
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46:10ជំពូក 20: In fact, in CDP amendment, if I remember correctly, I had a small role to play in the Supreme Court. 64s · Speaker 3
In fact, in CDP amendment, if I remember correctly, I had a small role to play in the Supreme Court. In CDP amendment, the Shakti changed the line. It was almost 11 ,000 crores. Energy charge. So I think compensation, whether it's actual co…
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47:14ជំពូក 21: of the pollution. 202s · Speaker 4
of the pollution. And there was no regulatory certainty. So we actually had to place all of this before the CERC in 2017 when the first order of recognition was passed. And after that, the private sector has implemented it. And now, of cour…
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50:36ជំពូក 22: Then, in page 3 of my note, I'll just quickly run through the rest of the points. 170s · Speaker 2
Then, in page 3 of my note, I'll just quickly run through the rest of the points. There are just a few small points in meaning. So, my principal argument is contract. That's what page 2 is entirely about. Page 3, Millard. By allowing deprec…
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53:27
So, there is a 27 % under -recovery likely to happen for each project. That's just a fact. Now, the next point, millards, is a very simple point and I'll just explain what this is. Now, millards, and before I go to the point, may I show one…
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55:23
In net fixed asset, the asset value depreciates year on year. So in my note, can I just show you? First let me show the point what I am trying to see. Kindly come in my note, please have page number. Yes. Correct. It never erodes. Yes. Yes.…
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1:00:27ជំពូក 25: our prayer to CRC. 70s · Speaker 1
our prayer to CRC. Most stakeholders have suggested to adopt a notional debt equity ratio of 70 -30 with consideration of actual debt in case of higher debt and also suggested a service equity at the rate of 15 .5 % post -tax crossing up wi…
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1:01:37ជំពូក 26: May I just pause here. 76s · Speaker 6
May I just pause here. Why GFA? Why not GFA? Why NFA? It is not answered here. what is answered is really saying that we think NFA is more appropriate effectively of course the second order they have gone a couple of steps further because t…
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1:02:53ជំពូក 27: As already highlighted. 129s · Speaker 2
As already highlighted. As per the Act and the tariff policy, there is a fundamental difference in the scheme of the project selection and tariff determination for projects under section 62 and section 63 of the Act. Under the former, a det…
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1:05:03
But how? Because when you apply O &M for a thermal power plant or when you fix the norms of thermal power plant, you call for that data. Which is what we were breaking our heads over in the pension gratuity matter that did you or did you no…
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1:06:46ជំពូក 29: in case of anything. 61s · Speaker 3
in case of anything... You don't know, because in case... ...do you actually... ...how much... ...do you decide what different companies... ...do you decide what different companies... ...do you decide what different companies... ...but in …
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1:07:48ជំពូក 30: first and foremost, commission should follow the contract because that's the principle under which we are doing all of this. 300s · Speaker 6
first and foremost, commission should follow the contract because that's the principle under which we are doing all of this. Second, be consistent. If you apply these two tests, then perhaps I will be able to persuade your options that this…
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1:12:49ជំពូក 31: due to the change in law event. 129s · Speaker 1
due to the change in law event. So it had to traverse outside Section 63 for determining incremental tariff. Neither the bidding documents nor the people prescribe the mechanism for determination of incremental tariff to compensate the powe…
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1:14:58ជំពូក 32: Yes, they're all out of my node. 32s · Speaker 5
Yes, they're all out of my node. I've already put it in the node. Small, small issues. I'll do it all together. That's the beauty of our profession we can all argue the same point.
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1:16:08ជំពូក 33: I'm sorry, sorry, sorry. 12s · Speaker 8
I'm sorry, sorry, sorry. First day could that be... Eight? Eight? Just one. Two. Two. Two. Two. Two.