The cash-strapped Maharashtra State Electricity Board (MSEB) has threatened Tata Power Company (TPC) to pay Rs 78-crore standby charges within 48 hours or prepare to face contempt proceedings. MSEB has said that it has already approached the state government with a request to cancel TPC’s licence in the wake of non-compliance of the Bombay High Court’s June 3 order with regard to the payment of standby charges.
The state government has given TPC a licence for bulk generation of 1,800 mw. ‘‘TPC has made wilful and deliberate default in not paying the amount and has committed breach of terms and conditions of its agreement with MSEB with regard to standby charges and hence their licence is liable to be revoked,’’ MSEB said in its letter written to TPC and also to the state government. As per the Bombay HC, of the total arrears of standby charges of Rs 386.75 crore, TPC has been directed to pay 20 per cent and the balance 80 per cent is to be paid by Reliance Energy (RE). However, MSEB has pointed out that TPC would have to pay MSEB 100 per cent of arrears of standby charges. ‘‘TPC shall not withhold the payment of standby charges on the ground that RE has not paid its whole or part of the share,’’ it added.
MSEB sources said that the high court had directed that TPC and RE would have to pay 50 per cent of the arrears payable by them to MSEB and for the remaining 50 per cent to be paid in instalments, both the entities may apply to the Maharashtra Electricity Regulatory Commission (MERC). ‘‘In spite of our persistent requests, you have chosen to dishonour the payment of standby charges as directed by the HC pursuant to which you are liable to face contempt proceedings,’’ MSEB warned. MSEB further cautioned that if TPC fails to pay the standby charges, it would take action under sections 142 and 146 of the Electricity Act 2003 (punishment for non-compliance of orders or directions). ‘‘Please furnish us a list of the directors of your company so that in the eventuality of your non-compliance, action will be taken against under section 149 of the Electricity Act 2003—liability of persons in charge and responsible for the conduct and business of the company,’’ MSEB said in its notice to TPC executive director P.K. Kukde.
TPC sources confirmed it had got MSEB’s communication. However, sources said the HC has not laid down any time limit for the payment of arrears of standby charges. As far as the payment of current amount of standby charges of July to be payable in August, TPC may consider depending on the Supreme Court judgement on a petition filed by RE.
‘‘MSEB and its legal consultants should have read the HC order properly before serving the notice,’’ a TPC source opined. MSEB further noted TPC’s principal arrears on account of standby charges are Rs 386.75 crore. The delayed payment charges of Rs 33.22 crore and interest of Rs 146.04 crore are also payable by TPC. ‘‘Thus, the total outstanding dues as on April 2003 are Rs 566.005 crore,’’ MSEB noted.