2017 (3) TMI 1485

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....Adv For the Respondent : Mr. Pradeep Misra, AOR ORDER We have heard Mr. M.G. Ramachandran, learned counsel appearing for the appellant and the learned counsel appearing for Respondent No.2 at length today. As it appears from the facts that the Tanda Thermal Power Station was acquired by the appellant - herein under a Statutory Transfer Scheme notified by the Government of Uttar Pradesh....

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....ance of the powers vested under Section 23 of the Uttar Pradesh State Electricity Reforms Act, 1999, the State Government issued the Uttar Pradesh Reforms (Transfer of Tanda Generating Undertaking) Scheme, 2000 and by virtue of the said Statutory Scheme, the Tanda Thermal Power Station was transferred and vested in the State Government and thereafter vested in the appellant - herein on the terms s....

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....dency of the review petition before the Commission, Memorandum of Understanding (MOU) reached between the appellant and Respondent No.2 - herein in regard to the consequences of the reduction of capital cost of Tanda Station determined by the Central Commission at Rs. 607.00 Crores as against the transfer price of Rs. 1000.00 Crores under the Notification dated 14-1-2000 and depreciation of an amo....

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....by Mr. M.G. Ramachandran, learned counsel appearing for the appellant who had pointed out that what is relevant is the purchase consideration paid by the NTPC which is admittedly Rs. 607.00 Crores and not Rs. 431.09 Crores. The Appellate Tribunal, according to him, has wrongly distinguished the decision of this Hon'ble Court relied upon by the appellant before the said Tribunal which is report....