COURT-1

IN THE APPELLATE TRIBUNAL FOR ELECTRICITY

(Appellate Jurisdiction)

APL No. 167 OF 2023 & IA No. 131 OF 2023 & IA No. 1210 OF 2022 & IA
No. 1759 OF 2022

Dated: 10th February, 2023

Present : Hon`ble Mr. Justice Ramesh Ranganathan, Chairperson

Hon`ble Mr. Sandesh Kumar Sharma, Technical Member(Electricity)

In the matter of:

Jhabua Power Ltd. .... Appellant(s)
Versus
Kerala State Electricity Regulatory
.... Respondent(s)
Commission & Anr.
Counsel for the Appellant(s) : Ms. Swapna Seshadri
Ms. Ashabari Thakur For App1

Counsel for the Respondent(s) : Mr. Dhananjaya Mishra

Mr. Navneet Dogra For Res1

Mr. Prabhas Bajaj For Res2

ORDER

IA NO. 131 OF 2023

(Application for directions)

By way of this IA, the appellant seeks a direction to the second

respondent to make payment for the month of September at Rs.4.29/kWh,
and for a direction to pay interest accrued for the months of September and
October belated payments.

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 Aggrieved by the order passed by the KSERC determining tariff of
Rs.4/- per unit, the Appellant preferred the present appeal. This Tribunal in
its order dated 05.08.2022, recorded the submission, urged on behalf of the
2nd Respondent, that the scheduling of power will not be disrupted on the
basis of the impugned order till the pleadings are complete. This Tribunal,
thereafter, directed that this arrangement shall continue till the matter is listed
after completion of the pleadings. Though the order of the KSERC dated
25.06.2022 required the second respondent to pay the appellant only at
Rs.4/- per unit, they, however, paid the appellant Rs.4.29 per unit for the
months of June, July and August (payable in July, August and September).
They also paid the appellant @ Rs.4.29 per unit from October, 2022 onward.

Mr. Prabhas Bajaj, Learned Counsel for the Second Respondent,

would submit that payment from the months of October, 2022 was in
compliance of the interim order of this Tribunal dated 21.10.2022 in terms of
which, as a provisional interim measure, they were directed to pay to the
Appellant the cost of electricity, purchased at the rate of L-1 in Bid-2, in terms
of the PPA which was Rs.4.29 per unit. Reliance was placed by the learned
Counsel on the letter addressed by them to the Appellant on 11-12 October
2022 informing that they were constrained to limit payment up to the ceiling
of Rs.4/- per unit for the years 2022-23 and subsequent escalation of 2%, as
per MYT order with respect to the appellant’s power station, from July
onwards; and the difference of amount was sought to be settled in
accordance with the specific order of the KSERC. The submission of the
learned Counsel is that post this letter dated 11.10.2022, till this Tribunal
passed an order dated 21.10.2022, the obligation of the 2nd Respondent was
only in terms of the order passed by the KSERC of Rs.4/- per unit.

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 What is, however, not explained is why the 2nd Respondent chose to
pay the Appellant @ Rs.4.29 per unit for the months of July, August and
September, 2022, all of which were not only prior to the interim order of this
Tribunal dated 21.10.2022, but also preceded the payment liable to be made
for the month of September, 2022. We, accordingly, direct the 2nd
Respondent to pay the Appellant the differential sum of 29 paise per unit, for
September, 2022, within four weeks from today. The claim of the Appellant
for interest for the said month is, however, left open to be examined when
the Appeal is finally heard. This and other payments, that the 2nd
Respondent makes to the Appellant, shall be subject to the result of the main
Appeal. The application is disposed of.

APPEAL NO. 167 Of 2023 & IA NOS. 1210 & 1759 OF 2022

The matter is already included in the List of Finals, and shall be

taken up from there, in its turn.

(Sandesh Kumar Sharma) (Justice Ramesh Ranganathan)

Technical Member Chairperson

pr/tp/dk

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