Appellate Tribunal for Electricity

Uttar Pradesh Power Corporation Limited & Ors. vs Uttar Pradesh Electricity Regulatory Commission & Ors. on 28 January 2025

COURT-1

IN THE APPELLATE TRIBUNAL FOR ELECTRICITY

(Appellate Jurisdiction)

APL No. 480 OF 2024 & IA No. 1539 OF 2024 & IA No. 2081 OF 2024

Dated: 28th January, 2025

Present : Hon`ble Mr. Justice Ramesh Ranganathan, Chairperson Hon`ble Ms. Seema Gupta, Technical Member(Electricity)

In the matter of:

Uttar Pradesh Power Corporation Limited & Ors.

.... Appellant(s)

Versus

Uttar Pradesh Electricity Regulatory Commission &

Ors.

.... Respondent(s)

Counsel on record for the Appellant(s)

: Shankh Sengupta

Abhishek Kumar

Nived Veerapaneni

Karan Arora

Shubham Mudgil

for App. 1

Shankh Sengupta

Abhishek Kumar

Nived Veerapaneni

Karan Arora

Shubham Mudgil

for App. 2

Shankh Sengupta

Abhishek Kumar

Nived Veerapaneni

Karan Arora

Shubham Mudgil

for App. 3

Shankh Sengupta

Abhishek Kumar

Nived Veerapaneni

Karan Arora

Shubham Mudgil

for App. 4

Shankh Sengupta

Page 1 of 3

Abhishek Kumar

Nived Veerapaneni

Karan Arora

Shubham Mudgil

for App. 5

Counsel on record for the Respondent(s) :

for Res. 1

Sourav Roy

Atharva Kotwal

Anshu Deshpande

for Res. 2

Anand K. Ganesan

Swapna Seshadri

Ritu Apurva

Amal Nair

Karthikeyan M

for Res. 3

Altaf Mansoor

Sunil Kumar Rai

for Res. 4

ORDER

IA No. 2081 OF 2024 (for condonation of delay in filing reply)

The delay of 2 (two) days in filing the reply is condoned and the reply filed along with the IA is taken on record.

The application is, accordingly, disposed of. IA No. 1539 OF 2024 (for interim relief)

Mr. Abhishek Kumar, learned counsel appearing on behalf of the Appellant, would submit that the Appellant has already refunded the liquidated damages which they had recovered from the monthly charges payable to the 2nd Respondent; and it would suffice if this Tribunal makes it

Page 2 of 3

clear that, in case of their success in the main appeal, they would be entitled to recover the said amount form the monthly charges payable to the 2nd Respondent.

Mr. Sourav Roy, learned counsel appearing on behalf of the 2nd Respondent, on instructions, would fairly agree for such an order to be passed.

As learned counsel on both sides are in agreement, suffice it to make it clear that, in case the Appellant were to succeed in the appeal, they would be entitled to recover the amount which they have repaid to the 2nd Respondent, from the monthly bills raised by the 2nd Respondent. The IA is, accordingly, disposed of. APL No. 480 OF 2024 Mr. Altaf Mansoor, learned Counsel for the 4th Respondent, submits that the reply filed by the 4th Respondent before the Commission be treated as their reply in the present appeal; and they do not wish to file a separate reply. His submission is recorded. Mr. Abhishek Kumar, learned Counsel for the Appellant, submits that their rejoinder is ready, and could not be filed because of the delay on the part of the 2nd Respondent in filing their reply. Since the delay in filing the reply is condoned, the Appellant is permitted to file their rejoinder latest by tomorrow i.e. 29.01.2025.

Learned Counsel on both sides submit that the pleadings are otherwise complete. Registry to verify, and then include the appeal in the ‘List of Finals’, to be taken up from there in its turn.

(Seema Gupta) Technical Member(Electricity)

(Justice Ramesh Ranganathan) Chairperson ts/sk

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