Disputed Bill. 2.9.1 If the Buying Entity does not dispute a Monthly Bill raised by the other Party within fifteen (15) days of receiving such Bill shall be taken as conclusive and binding.
2.9.2 If Buying Entity disputes the amount payable under a Monthly Bill it shall pay undisputed amount of the invoice amount or 50% of the invoice amount, whichever is higher, and it shall within fifteen (15) days of receiving such Bill, issue a notice (the "Bill Dispute Notice") to the invoicing Party setting out:
i) the details of the disputed amount;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its claim.
2.9.3 If the SECI agrees to the claim raised in the Bill Dispute Notice issued pursuant to Article 2.9.2, the SECI shall make appropriate adjustment in the next Monthly Bill. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the Buying Entity and up to and including the date on which such payment has been received as refund.
2.9.4 If the SECI does not agree to the claim raised in the Bill Dispute Notice issued pursuant to Article2.9.2 it shall, within fifteen (15) days of receiving the Bill Dispute Notice, furnish a notice (Bill Disagreement Notice) to the disputing Party providing:
i) reasons for its disagreement;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its counter-claim.
2.9.5 Upon receipt of the Bill Disagreement Notice by the Buying Entity under Article 2.9.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and SECI shall meet and make best endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Bill Disagreement Notice.
2.9.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Bill Disagreement Notice pursuant to Article 2.9.4, the matter shall be referred to Dispute resolution in accordance with governing Laws and Dispute resolution in PPA.
2.9.7 For the avoidance of doubt, it is clarified that despite a Dispute regarding an Invoice, the Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment of undisputed amount or 50% of the invoice amount, whichever is higher, in the Monthly Bill.
Disputed Bill. In the event of a dispute as to the amount of any Tariff Invoice, APDCL shall notify the SPD of the amount in dispute and APDCL shall pay the SPD 100% of the undisputed amount within the due date provided either party shall have the right to approach the AERC to effect a higher or lesser payment on the disputed amount. The Parties shall discuss within a week from the date on which APDCL notifies the SPD of the amount in dispute and try and settle the dispute amicably. Where any dispute arising out of or in connection with this agreement is not resolved mutually then such dispute shall be submitted to adjudication by the AERC under Section 79 or 86 of Electricity Act 2003 and the AERC may refer the matter to Arbitration as provided in the said provision read with Section 158 of Electricity Act 2003. For dispute beyond the power conferred upon the AERC, such dispute shall be subject to jurisdiction of High Court at Guwahati. If the dispute is not settled during such discussion, then the payment made by APDCL shall be considered as a payment under protest. Upon resolution of the dispute, in case the SPD is subsequently found to have overcharged, then it shall return the overcharged amount with an interest of SBI 1-year Marginal Cost of Funds Based Lending Rate (MCLR) per annum plus 1.25% for the period it retained the additional amount. APDCL / SPD shall not have the right to challenge any Tariff Invoice, or to bring any court or administrative action of any kind questioning/modifying a Tariff Invoice after a period of three years from the date of the Tariff Invoice is due and payable.
Disputed Bill. 7.7.1 If the Party does not dispute a Monthly Bill raised by the other Party by the Due Date, such Xxxx shall be taken as conclusive.
7.7.2 If the Procurer disputes the amount payable under a Monthly Bill that has been prepared in accordance with Article 7.5.3, as the case may be, it shall pay 100% of the disputed amount and it shall within fifteen
Disputed Bill. 1.39.1 If the Procurer does not dispute a Monthly Bill or a Supplementary Bill raised by SPD within ten (10) Days from the receipt of Monthly Bill, such Bill shall be taken as conclusive.
Disputed Bill. 10.5.1. If the EDG does not dispute a Monthly Bill or a Supplementary Bill raised by the SPG within fifteen (15) days of receiving such Bill shall be taken as conclusive.
10.5.2. If the EDG disputes the amount payable under a Monthly Bill or a Supplementary Bill, as the case may be, it shall pay undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Bill, issue a notice (the "Bill Dispute Notice") to the invoicing Party setting out:
i). the details of the disputed amount;
ii). its estimate of what the correct amount should be; and
iii). all written material in support of its claim.
10.5.3. If the SPG agrees to the claim raised in the Bill Dispute Notice issued pursuant to Article 10.5.2, the SPG shall revise such Bill and present along with the next Monthly Bill. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund.
10.5.4. If the SPG does not agree to the claim raised in the Bill Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Bill Dispute Notice, furnish a notice (Bill Disagreement Notice) to the EDG providing: i). reasons for its disagreement;
Disputed Bill. 10.6.1 All Monthly Bills and Supplementary Bills shall be raised upon the Captive User and the same shall be submitted to the Energy Auditor on the same date who shall verify the same within seven (7) days. Once a Monthly Bill and Supplementary Bill have been verified and cleared by the Energy Auditor without any observation requiring and deduction or adjustment, the Captive User shall, release entire amount of Monthly Bill and Supplementary Bill by the Due Date.
10.6.2 Subject to 10.6.1, in relation to any amount that is not verified and cleared by the Energy Auditor (“Developer Disputed Amount”), the Developer or Captive User has the option to exercise its right for proceeding for Dispute Resolution as agreed in this Agreement.
10.6.3 Subject to 10.6.1, in relation to any dispute with respect to amount invoiced in the Monthly Bill and Supplementary Bill, the Captive User shall raise the same with the Developer by issuing the Bill Dispute Notice to the Developer within 15 days of the receipt of the Bill. The Bill Dispute Notice shall set out the following information:
(a) the details of the disputed amount;
(b) its estimate of what the correct amount should be; and
(c) all written material in support of its claim.
Disputed Bill. 6.1 If a Party does not dispute a Monthly Bill, Provisional Bill or a Supplementary Bill raised by the other Party within thirty (30) days of receiving it, such bill shall be taken as conclusive.
Disputed Bill. 7.7.1 If the party does not dispute a Monthly Bill raised by the other Party by the Due Date, such Xxxx shall be taken as conclusive. A bare perusal of the provisions of aforementioned PPA’s of Petitioner No. 1 and Petitioner No. 2 makes the following abundantly clear –
(i) The Petitioner No. 1 is obliged to sell the 2 x 30 MW i.e. 60 MW of
Disputed Bill. If a Party does not dispute a Bill raised by the other Party within thirty (30) days from receipt of such Bills, such Bill shall be taken as conclusive; If a Party disputes the amount payable under a Bill, that such Party shall, within seven (7) days of receiving such Bill, issue a notice (the "Bill Dispute Notice") to the invoicing Party setting out:
i) the details of the disputed amount;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its claim. However, the party disputing the Bill shall release undisputed bill amount to other party within the Due Date. The party will settle the dispute on the basis relevant documents mutually. Notwithstanding any Dispute, disagreement or difference including but not limited to Dispute related to Bill, the Parties hereto shall continue to perform the respective obligations under this Agreement.
Disputed Bill. If the DVC does not dispute a Monthly Bill or a Supplementary Xxxx raised by the SPD within thirty (30) days of receiving such Bill shall be taken as conclusive.
