State Commission has re-examined and readjudicated the issue regarding covering of annual overhauling in force majeure condition in the impugned order dated 30.11.2012 which was already decided vide its order dated 22.6.2010 thus acting in contravention of the principle of res judicata. ii) We are not in agreement with the contention of the Appellant that units for supply to the distribution licensee had to be earmarked in advance. The dispensation allowed in the order dated 30.4.2010 for the period 2010-11 for PPAs entered into for a period of one year could not be applied in the present case. The result of our findings in terms of the order dated 22.6.2010 of the State Commission is that outage of unit 3 of 135 MW capacity for the period 24.7.2009 to 05.8.2009 due to fire in APH would qualify for force majeure for calculation of load factor and outage of units 3 and 4 due to annual overhauling would not qualify for force majeure. The Appellant is accordingly directed to calculate the load factor and make payment due to the Respondent no.2 at the earliest. In view of our above findings the Appeal is partly allowed to the extent indicated above and the impugned order is set aside. No order as to costs

The Electricity Act, 2003