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NRI legal services - https://lexlords.com/consumer-courts-protect-nri-builders-developers/. (MESCOM), the Appellant herein, is a distribution licensee. As such the acquisition would fall under Part II of the Act. Mangalore Electricity Supply Company Ltd. This Court has discussed the matter thus: In Sooraram NRI legal services (get the facts) Pratap Reddys case (supra), this Court has also dealt with the submission where the acquisition is for a private company whether it would be governed by the provisions of Part VII of the Act whereas the submission of the respondent was that pursuant to the Government policy it was to be acquired by APIIC and the entire compensation was to be paid NRI legal services - get the facts, by APIIC.

"Any law of the State enacted not more than eighteen months before the commencement of this Constitution may within three months from such commencement be submitted to the President for his certification; and, thereupon, if the President public notification so certifies, it shall not be called question in any court on the ground that it contract the provisions of clause (2) of this article, 562. On the other hand, it is equally clear that a State may transfer property from one private party to another if future use by the public is the purpose of the taking; the condemnation of land for a railroad with common-carrier duties is a familiar example.

The Karnataka State Electricity Regulatory Commission is the Second Respondent in the present Appeal. 5 lakhs to the respondents towards their share in the proceeds of sale of property by the Bank in 2007. The Petitioner has a right to be supplied electrical output proportionate to the declared capacity of the generating plant in terms of the PPA. On the basis of such declaration, requirement-schedule and dispatch instructions are issued.

Once the entire capacity of the generating plant is declared, the proportionate principle of allocation of capacity will become applicable and as a natural consequence, the electrical output will be allocated and supplied between the two beneficiaries on proportionate basis, in accordance with the dispatch instructions. Bhatt that the Division Bench of the High Court should not have made scathing remarks about the conduct of the Bank. This submission is contrary to the procedure prescribed in the PPA as well as the normal industry practice.

Once the declared availability for the entire plant is known, the beneficiaries will proceed to issue dispatch instructions in accordance with the terms of the PPA. AMR Power Private Limited, the First Respondent herein, is a renewable power generator which has developed and is operating a 24. This case would have no application to the facts of the present case. 75 MW run of the river mini hydel power project in the State of Karnataka. We find substance in the submissions made by Mr.

EPL cannot ignore its obligation of declaring the entire capacity. Also, the submission of EPL that the Petitioner's only concern, under terms of the PPA, is that it must get electricity in accordance with its Dispatch Instructions, within the limits of allocated capacity is not entirely correct. It is clear from the facts narrated above that the Bank has not indulged in any illegality either in purchasing the property in the auction conducted by the Court in 1992 or in the sale of the property in the year 2007.

Under the procedure for dispatch in Schedule VI of the PPA, EPL had to declare weekly schedules of the Capacity that is available for the entire station (and not the Allocated capacity). The ability to recover deemed non generation due to difference in schedule generation and actual generation has nothing to do with the requirement to allocate capacity and supply electrical output on a proportionate basis. This judgment defines the word component to mean a constituent part.

In this context, it was held that paper core is a component part of paper delivered to the customer in rolls, but not in sheets as it was not necessary for manufacture of paper sheets. It also conceded that quite simply, the Governments pursuit of a public purpose might benefit individual private parties, but rejected the argument by stating: On the one hand, it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation.

Once the capacity of the generating station as a whole is available, the allocation of capacity has to take place in the proportion that is contracted. Hence, the argument of EPL that it does not have the obligation to declare capacity for the entire plant is incorrect and contrary to the terms of Schedule VI of the PPA. The Court noted the contention of the petitioners that using eminent domain for economic development impermissibly blurs the boundary between public and private takings.

The High Court erred in directing payment of Rs. The respondents have no right in claiming any share in the proceeds of the sale of the property after the Bank became the owner of the property in 1992. Two polar propositions are perfectly clear. It is obvious that packing material used to pack a product complete in itself, cannot possibly be included in the word component as it is not a constituent part of manufactured tea. The obligation of EPL is clearly to declare the Capacity of the generating plant as a whole.

We are of the opinion that the adverse comments made by the Division Bench against the Bank are unwarranted and deserve to be expunged. It appears that EPL is avoiding its obligation to declare the entire capacity. CCE, Meerut, (1989) 4 SCC 724, is an excise case in which an exemption Notification exempted goods used as component parts in manufacture of any goods on which excise duty was leviable.