2025 (10) TMI 1426

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....writ of certiorari to quash the impugned demand notice dated 06.05.2024 issued by respondent No. 5, which levies SLDC charges, transmission charges, and monthly transaction charges for the period 11.10.2023 to March 2025. The petitioner also seeks to set aside the subsequent email dated 03.12.2024, wherein respondent No. 5 directed payment of the said charges for 12 months from the date of Wheeling and Banking Agreement (WBA), as a precondition for processing the petitioner's request for termination. Brief facts: 2. The petitioner, M/s. Micro Labs Limited, a pharmaceutical company, proposed to establish a 10.8 MW captive wind energy in Raichur District, which was later relocated to Chikkahesarur Village, Lingasagur Taluk, after obtain....

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....10.8 MW capacity was reserved for the petitioner from 11.10.2023, it could not be allotted to any other user, and hence charges are justified. It is submitted that under clause 5 of WBA, the petitioner is bound to pay all applicable charges as per Karnataka Electricity Regulatory Commission-Regulations (KERC Regulations) and tariff orders. The petitioner having executed the agreement cannot now dispute its liability. Further, it is stated that the demand is supported by KERC Tariff Order 2025 and Karnataka Electricity Regulatory Commission (Terms and Conditions for Green Energy Open Access) Regulations, 2025, which mandate payment based on contractual capacity and these replaced the earlier 2022 Regulations that were struck down. It is stat....

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....Hence, the objection as to the maintainability of the writ petition is unsustainable. 7. The record discloses that the project of the petitioner has not been commenced and the commercial operation date has not been declared. The clause No. 5.1 of the Wheeling and Banking Agreement dated 31.10.2023 reads as under: "5.1 The Company shall pay all the charges to the Corporation/ESCOMs for using their network as per the applicable KERC Regulations/Orders issued from time to time. Such charges shall include: (i) transmission charges for the use of the transmission network, (ii) wheeling charges for the use of the distribution network/s, (iii) cross subsidy surcharge, (iv) additional surchar....