| Hearing No. | Date of Hearing | Interim/Final | Abstract of Order | Order Document |
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| 1 | 31-Aug-21 | INTERIM |
Case No. 65/2021
Interim Order-1
Date of hearing: 31.08.2021 Date of order: 31.08.2021
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 31.08.2021. Accordingly the parties had been intimated.
2. The representative of OHPC along with Shri Durga Prasad Nanda, Sr. Advocate, Shri R. P. Mahapatra, Shri Ananda Kumar Mohapatra, Shri Ramesh Chandra Satpathy and Shri B. K. Das, CGM (PP), GRIDCO are present. Nobody is present on behalf of DoE, GoO. The reply filed by Shri Ananda Kumar Mohapatra, Shri R. C. Satpathy and the vakalatnama along with letter of authorization filed by the petitioner are taken on record.
3. During hearing Shri R. P. Mahapatra and the representative of GRIDCO pray for adjournment of hearing today as they have to file their reply. The representative of the petitioner also prays for filing of their rejoinder to the reply of the respondents.
4. Prayer of the Shri Mahapatra and GRIDCO are allowed. The respondents who have not filed their reply are directed to file the same by 10.09.2021 serving copy of the same on the petitioner. The petitioner is directed to file its rejoinder by 17.09.2021 serving copy of the same on the other sides.
5. Put up on 21.09.2021 at 11.00 AM for hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/- Sd/-
Member (M) Member (P) Chairperson
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| 2 | 21-Sep-21 | INTERIM | Case No. 65/2021
Interim Order-2
Date of hearing: 21.09.2021 Date of order: 21.09.2021
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 21.09.2021. Accordingly the parties had been intimated.
2. The representative of OHPC along with Shri Durga Prasad Nanda, Sr. Advocate, Shri R. P. Mahapatra, Shri Ananda Kumar Mohapatra, Shri Ramesh Chandra Satpathy and Shri B. K. Das, CGM (PP), GRIDCO are present. Nobody is present on behalf of DoE, GoO. The reply filed by GRIDCO is taken on record.
3. During hearing the Sr. Counsel on behalf of the petitioner submits that OHPC has not received the reply of Shri R. P. Mahapatra and the DoE, GoO till date. Therefore, he prays the Commission to direct them to file their reply serving copy on the petitioner so that it can file its rejoinder to the reply of the respondents.
4. Prayer of OHPC is allowed. The respondents who have not filed their replies are directed to file the same by 28.09.2021 serving copy of the same on the petitioner. The petitioner is directed to file its rejoinder by 05.10.2021 serving copy of the same on the other sides.
5. Put up on 26.10.2021 at 11.00 AM for hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/- Sd/-Member (M) Member (P) Chairperson
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| 3 | 26-Oct-21 | INTERIM | Case No. 65/2021
Interim Order-3
Date of hearing: 26.10.2021 Date of order: 26.10.2021
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 26.10.2021. Accordingly the parties had been intimated.
2. The representative of OHPC along with Shri Durga Prasad Nanda, Sr. Advocate, Shri R. P. Mahapatra, Shri Ananda Kumar Mohapatra, Shri Ramesh Chandra Satpathy and Shri B. K. Das, CGM (PP), GRIDCO are present. Nobody is present on behalf of DoE, GoO. The reply filed by shri Ananda Kumar Mohapatra, the compliance of OHPC to the queries of the respondents and the reply of Shri R.P.Mahapatra are taken on record.
3. During hearing the Sr. Counsel on behalf of the petitioner submits that OHPC has not received the reply of Shri R. P. Mahapatra on 20.10.2021 and needs some time to go through it detail to file their reply. The reply of DoE, GoO has not received by the petitioner till date in the present case. Therefore, he prays the Commission to direct DoE, GoO to file their reply serving copy on the petitioner so that it can file its rejoinder to the said reply.
4. Prayer of OHPC is allowed. The respondents who have not filed their replies are directed to file the same by 30.10.2021 serving copy of the same on the petitioner. The petitioner is directed to file its rejoinder by 02.11.2021 serving copy of the same on the other sides.
5. Put up on 16.11.2021 at 11.00 AM for hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/- Sd/-
Member (M) Member (P) Chairperson
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| 4 | 16-Nov-21 | INTERIM | Case No. 65/2021
Interim Order-4
Date of hearing: 16.11.2021 Date of order: 16.11.2021
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 16.11.2021. Accordingly the parties had been intimated.
2. Ms. Sarita Moharana, Associate Advocate of Shri Durga Prasad Nanda, Sr. Advocate on behalf of OHPC, Shri R. P. Mahapatra, Shri Ananda Kumar Mohapatra, and Shri B. K. Das, CGM (PP), GRIDCO are present. Nobody is present on behalf of Shri Ramesh Chandra Satpathy, DoE, GoO. The compliance of OHPC to the queries of Shri R. P. Mahapatra is taken on record.
3. During hearing the Counsel on behalf of the petitioner prays for adjournment of hearing today as the Sr. Counsel who is engaged by the petitioner to present the matter before this Commission is out of station for his personal work. She also submits that the reply of DoE, GoO has not been received by the petitioner till date in the present case. Therefore, she prays the Commission to direct DoE, GoO to file their reply serving copy on the petitioner so that it can file its rejoinder to the said reply prior to the next date of hearing.
4. Prayer of OHPC is allowed. The respondents who have not filed their replies are directed to file the same by 30.11.2021 serving copy of the same on the petitioner. The petitioner is directed to file its rejoinder by 07.12.2021 serving copy of the same on the other sides.
5. Put up on 14.12.2021 at 11.00 AM for hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/-
Member (M) Chairperson
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| 5 | 14-Dec-21 | INTERIM | Case No. 65/2021
Interim Order-5
Date of hearing: 14.12.2021 Date of order: 14.12.2021
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 14.12.2021. Accordingly the parties had been intimated.
2. Ms. Sarita Moharana, Associate Advocate of Shri Durga Prasad Nanda, Sr. Advocate on behalf of OHPC, Shri R. P. Mahapatra, Shri Ananda Kumar Mohapatra, and Shri P. K. Das, CGM (PP), GRIDCO, Ms. Sonali Patnaik, ALO, DoE, GoO are present. Nobody is present on behalf of Shri Ramesh Chandra Satpathy.
3. During hearing the Counsel on behalf of the petitioner prays for two weeks time to file its rejoinder to the reply of the respondents.
4. Prayer of OHPC is allowed. The respondents who have not filed their replies are directed to file the same by 21.12.2021 serving copy of the same on the petitioner. The petitioner is directed to file its rejoinder by 28.12.2021 serving copy of the same on the other sides.
5. Put up on 25.01.2022 at 11.00 AM for hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/-
Member (M) Chairperson
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| 6 | 25-Jan-22 | INTERIM | Case No. 65/2021
Interim Order-6
Date of hearing: 25.01.2022 Date of order: 25.01.2022
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 25.01.2022. Accordingly the parties had been intimated.
2. Ms. Sarita Moharana, Advocate and Shri Durga Prasad Nanda, Sr. Advocate on behalf of OHPC, Shri R. P. Mahapatra, Shri P. K. Das, CGM (PP), GRIDCO and Ms. Sonali Patnaik, ALO, DoE, GoO are present. Nobody is present on behalf of Shri Ramesh Chandra Satpathy and Shri Ananda Kumar Mohapatra. The rejoinder to the reply of the respondents filed by OHPC is taken on record
3. During hearing the Counsel on behalf of the petitioner prays for adjournment of hearing as it is a review matter which is required to be heard by full bench of the Commission.
4. Prayer of OHPC is allowed. The respondents who have not filed their replies are directed to file the same by 10.02.2022 serving copy of the same on the petitioner. The petitioner is directed to file its rejoinder, if any, by 25.02.2022 serving copy of the same on the other sides.
5. Put up on 26.04.2022 at 11.00 AM for hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/-
Member (RM) Chairperson (Offg.)
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| 7 | 26-Apr-22 | INTERIM | Case No. 65/2021
Interim Order-7
Date of hearing: 26.04.2022 Date of order: 26.04.2022
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 26.04.2022. Accordingly the parties had been intimated.
2. Ms. Sarita Moharana, Advocate associate of Shri Durga Prasad Nanda, Sr. Advocate on behalf of OHPC, Shri R. P. Mahapatra, Shri P. K. Das, CGM (PP), GRIDCO and Shri Ananda Kumar Mohapatra. are present. Nobody is present on behalf of Shri Ramesh Chandra Satpathy and DoE,GoO.
3. During hearing the Counsel on behalf of the petitioner prays for adjournment of hearing as there is no urgency as it is a review matter which is required to be heard by full bench of the Commission when that will be available.
4. Prayer of OHPC is allowed. The respondents who have not filed their replies are further directed to file the same by 10.05.2022 serving copy of the same on the petitioner. The petitioner is directed to file its rejoinder, if any, by 25.05.2022 serving copy of the same on the other sides.
5. Post the matter on 28.06.2022 at 11.00 AM for hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/-
Member (RM) Officiating Chairperson
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| 8 | 28-Jun-22 | INTERIM | Case No. 65/2021
Interim Order-8
Date of hearing: 28.06.2022 Date of order: 28.06.2022
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 28.06.2022. Accordingly the parties had been intimated.
2. Ms. Sarita Moharana, Advocate associate of Shri Durga Prasad Nanda, Sr. Advocate on behalf of OHPC, Shri R. P. Mahapatra, Shri P. K. Das, CGM (PP), GRIDCO and Shri Ananda Kumar Mohapatra are present. Nobody is present on behalf of Shri Ramesh Chandra Satpathy and DoE, GoO.
3. During hearing the Counsel on behalf of the petitioner prays for short adjournment of hearing as it is a review matter which is required to be heard by full bench of the Commission when that will be available.
4. Prayer of OHPC for adjournment of hearing today is allowed.
5. Post the matter on 19.07.2022 at 11.00 AM for final hearing. No further notice shall be issued to the parties concerned in this regard.
Sd/- Sd/-
Member (RM) Officiating Chairperson
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| 9 | 19-Jul-22 | INTERIM | Case No. 65/2021
Interim Order-9
Date of hearing: 19.07.2022 Date of order: 19.07.2022
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 19.07.2022. Accordingly the parties had been intimated.
2. Shri Durga Prasad Nanda, Sr. Advocate on behalf of OHPC, Shri R. P. Mahapatra, Ms. Madhusmita Mishra, GRIDCO Ltd. & Shri P. K. Das, CGM (PP), GRIDCO and Ms. Sonali Patnaik, ALO I/c. DoE, GoO are present. Nobody is present on behalf of Shri Ramesh Chandra Satpathy and Shri Ananda Kumar Mohapatra.
3. In the course of hearing, heard the representatives of the petitioner, Department of Energy, Govt. of Odisha at length. When the turn of Shri R. P. Mahapatra, Respondent No.3 came, he questioned the competency of the present Bench to hear this matter and sought for deferment of hearing till the Full Bench of the Commission is constituted. The objection raised by Shri R. P. Mahapatra is not sustainable in as much as in view of the order dated 11.03.2022 of Hon'ble APTEL passed in Appeal No.38/2022. Thus, the present Bench does not find any legal impediment to hear and dispose of the matter. For sake of ready reference, the order dated 11.03.2022 passed by the Hon'ble APTEL in Appeal No.38 of 2022 in IA Nos. 256, 257 & 258 of 2022 is extracted below:
"6. During the hearing, it was brought out that there is a vacancy in the office of the Chairperson of the State Commission, though, hopefully it is expected to be filled up in near future. Be that as it may, it is admitted on all sides that on the relevant dates the Commission comprised only of two Members, the Member (Law) being senior having been officiating as Chairperson. Undoubtedly, Section 9(4) of Odisha Electricity Reforms Act, 1995, has prescribed the quorum of all three Members of the Commission sitting in review jurisdiction, but it cannot be ignored that on the relevant date(s) the Commission comprised only of two Members. In these circumstances, the doctrine of necessity would allow the Commission to continue discharging its statutory functions rather than abdicating its responsibility."
4. That apart, the matter relates to review of order dated 26.03.2021 passed in Case No.70 of 2020. The review petitioner OHPC seeks for review of the aforesaid order in respect of approval of Annual Revenue Requirement and Generation Tariff of OHPC stations for the FY 2021-22 under Section 62 & 86 of the Electricity Act, 2003 read with related provisions of OERC (Terms and Conditions for Determination of Generation Tariff) Regulations, 2020 and OERC (Conduct of Business) Regulations, 2004. Needless to mention that the matter has already been delayed and hence the prayer for deferment of hearing till the Full Bench is constituted stands rejected. The present Bench does not find any legal impediment to hear and decide the review petition and thus the objection raised regarding competency of Bench is rejected.
5. At this stage, Sri R. P. Mahapatra, Respondent No.3 seeks time for submission of his argument. Considering his request, time is allowed till 26.07.2022 for advancement of argument by Sri R. P. Mahapatra, Respondent No.3.
6. Post the matter on 26.07.2022 at 11.00 A.M for hearing of Shri Mahapatra on the present Review Petition. No further notice shall be issued in this regard to the parties concerned.
Sd/- Sd/-
Member (RM) Officiating Chairperson |
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| 10 | 26-Jul-22 | INTERIM |
Case No. 65/2021
Interim Order-10
Date of hearing: 26.07.2022 Date of order: 26.07.2022
Due to Covid-19 pandemic situation the Commission had decided to hear the matter through Video Conferencing in the Virtual Court on 26.07.2022. Accordingly the parties had been intimated.
2. Shri Durga Prasad Nanda, Sr. Advocate on behalf of OHPC, Shri R. P. Mahapatra, the representative of GRIDCO Ltd. and Ms. Sonali Patnaik, ALO I/c. DoE, GoO are present. Nobody is present on behalf of Shri Ramesh Chandra Satpathy and Shri Ananda Kumar Mohapatra.
3. The case is taken up for hearing. Shri Mahapatra, Respondent No. 3 is allowed to make submission. In substance, Shri R P Mahapatra, Respondent No.3 again raised the point of competency of this Commission functioning with two Members to hear the review application. Shri Mahapatra contended that the Commission with two Members is divested of authority to hear the application at hand. This point has already been answered by our order dated 19.07.2022. The submissions of Shri Mahapatra stand hit by application of principle of ad infinitum. The objection raised by Shri Mahapatra on the point of jurisdiction of this Commission stands rejected. No other contention has been adverted by Shri R P Mahapatra. However, Mr. Mahapatra prayed for two weeks time for filing of his written note of submission on merit of the present review petition of OHPC Ltd. The Sr. Counsel of the petitioner has prayed the Commission to take in to consideration the documents submitted by the petitioner on 24.01.2022 while disposing of the present case.
4. Hearing is concluded. The matter is reserved for orders. Parties are called upon to file their written note, if any, by 02.08.2022.
Sd/- Sd/-
Member (RM) Officiating Chairperson
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| 11 | 05-Sep-22 | FINAL | Order passed. | ORDERS\2021\C-65-2021.PDF |