High Court · 2025

Grid Controller of lndia Limited, (A Government of lndia Enterprise), B-9, Qutab lnstitutional Area Katwaria Sarai, New Delhi - 1 10016, Rep. by its Chairman AND Managing Director Sri S.R. Narasimhan. power f inance Corpoiati-on PFC Consulting Limited, Registered O[i99 A Wing Statesman Hduse Fire Brigade Lane Connaught-Place New Delhi 110d01 Rep by its Chairman and Managing Director [\'4s. Parminder Chopra Central Transrirission Utility of lndia Limlted, 16, lnstitutional Area, Sector 32, Gurugram, Hariyana - 122601 , Rep. by its Chairman and Managing Director Sri G. Ravisankar. power crid corporation of lndia, Regd. office at B-9, Qutab lnstitutional Area, Kitwaria Sarai, N,4anaging Director Sri Sh. Ravindra Kumar Tyagi --. inOiarie,i"rgy Exchange Limited (lEX), registere! offic-e at First Floor, Unit No. 1 .14(a).'Avanta BJsiness Centre, Soulhern-Park, D-2, District Cenrtre, Saket, Nb* Delhi - 110017, represented by its Chairman and Managing Director Sri Satyanarayan Goel. Unr,cn of inOia, lr,,,1inistry of Power, Shran Shakti Bhavan, Refi Marg' New Delht - 1 10001 , represented by its Secretary Delhi - 1 1001 6, represented by its Chairman and 'New ..RES'ONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order, direction or writ particularly one in the nature of lvlandamus declaring the action of the Respondents in publishing the name of the Petitioner in default list at ltem No.6 in Table - ll as shown in Praapti Website of statement of trigger daled 12.09.2024 as per Late Payment Surcharge (LPS) Rules as arbitrary, illegal and contrary to the pending proceedings before the central Electricity Regulatory commission, and consequently direct the Respondents to allow the Petitioner to participate in power -.xchanges for trading of power, in the interest of justice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit tiled in support of the petition, the High Cortrt may be pleased to suspend the operation of ltem No.6 in Table - ll as shown in Prapti Website of statement of trigger dated 12.09.2O24 as per Late Paynrent Surcharge (LPS) Rules by directing the Respondents 1 and 2 to allow the Pelitioner to participate in power exchanges for trading of power, pending disposal of the Writ Petition, in the interest of justice. Counsel Counsel Counsel Counsel for the for the for the for the Petitioner: THE ADVOCATE GENERAL Respondent No.3: M/s. SUPAMA SRIVAS'I-AVAN Respondent No.4: SRI c.BHEEMA CHAR'f Respondent No.6: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF INDIA The Court made the following: ORDER k&@\'; r' THE HON 'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.25554 of 2024 ORDER: The petitioner/Company is aggrieved by the action of respondents in publishing the name of the petitioner in default Iist at Item No.6 in Table - II as shown in Praapti Website of statement of trigger dated 12.09.2024 as per Late Payment Surcharge (LPS). It is also prayed to direct the respondents to allor,r, the petitioner to participate in porver exchanges for trading of power.

2. On O1.O4.2025, this Court has passed the follor,r,ing order: "This application has been filed seeking a praAer that interim orders granted in I.A.No.1 of 2024 in W.P.No.25554 o.f 2024, dated 12.09.2024 be ertended until further orders. Heard the learned Aduocate General Sri A.SudarsLtan Reddg appeaing for the petitioner and the learned counsel for the respondents. For the reasons stated in accompanging affidauit, fiIed in support of thts application, interim order dated 12.09.2024 granted in I.A. No.l of 2O24 by this Court is extended tiU I 0. 06. 202 5. 2 Accordingly, this application is clisposed The Registry is directed to list lhe tnatter on 10.06.2025."

3. Learned Advocate General appear.ir-rg on behalf of the petitioner/Company submits that thc subject matter was pending before Central Electricity Regulatory Commission. Ner.r, Delhi and in vieu, <,f the fact that publishing of the name of the petitiorrcr/ Company in default list at Item No.6 in Table - [[ as srhown in praapti Website of statemenr of trigger dated 12 .Og .2024 as per Late Payment Surcharge (LPS), the petrtioncr/ Company could not purchase the power from power Grid Corporation of India. Learned Advocete General has :rlso produced a copy ol proceeings in Petition No.B57 Mp l2O2L dated 22.O4.2025 pending before Central Elec1r.rcit5. Regulatory Commission.

4. In the said perition No.BS/Mp/202 1 dared 22.O4.2025 pending before Central Eleclricity Regulatory Commission, it is observed/ recorded as fo lows: J o7..

2.. 3. In response, the Learned counsel for the respondent, CTUIL, on instructions, submitted that the petitioner, while seeking to u.tithdraw its turtt petition filed before the Hon'ble High Court of Telangana, mag prag for an inteim protection till the time the Commission decides the present wit petition and CTUIL tuill as such not oppose such prager. Learned counsel also fairlg submitted that, giuen the petitioner has the benefit of a stay by the Hon'ble High Court of Telangana in its fauour for an extended period, CTUIL uttll not insist on the paAment of 25o/o of th-e inuoiced amount as in the other cases.

4. Learned counsel for the petttioner also agreed to the aboue submlssions made by the Learned counsel for CTUIL and sought libertg to moue an appropriate application before the Horu'ble High Court of Telangana for utithdranual of the wit petition in the light of the aboue submisslons of CTUIL.

5. The matter remained part-teard and will be listed for the heaing on 10.06.2025."

5. Learned Advocate General submits that since the { I parties to the lis have already filed petition under Section 79(1)(0 of the Electricity Act, 2003 read with Section .1 79(1)(c) of the trlectricity Act,2003 b:fore Central trlectricity Regulatory Commission and the Commission has already passed interim orders on 22.04 2025 and the matter is pending for adjudication, this wrir petition may be disposed of in terms of order passed ))' Regulatoly Commission on 22.O4.2025.

6. Learned counsel appearing on ltehalf of the respondents wouid not object for the same.

7. Rccording the same, this writ petiti,rn rs disposed of and the parties may pursue the remedies before the Central trlectricity Regulatory Commission. Til1 the Commission decides the mattcr finally, the sral' gralted on

12.O9.2024 by this Court shall continue Miscellaneous petitions, pending, if arLy, shall stand closed. However, there shall be no order as to costs. //TRUE COPY// SDi. P.GOWRI SHANKAR DEPUTY REGISTRAR (I; SECTION OFFICER \ To 2 3 1 Chairman and l\4anaging Director Sri Sh. Ravindra Kurnar Tyagi, Power Grid Corporation of lndia, Regd. Office at B-9, Qutab lnstitutional Area, Katwaria Sarai, New Delhi - 1 1 00'l 6. The Secretary, Union of lndia, Ministry of Power, Shran Shakti Bhavan, Refi Arlarg, New Delhi - 110001. Two CCs to THE ADVOCATE GENERAL, Hiqh Court 'or the State of Telangana, at Hyderabad. [OUT] One CC to tV/s. SUPAIT/A SRIVASTAVAN, Advocate tlpucl One CC to SRI G.BHEEMA CHARY, Advocate tOPUal one cc to sRt GAD| PRAVEEN KUIVAR, Dy. sOLtCtiOR GENERAL OF INDrA [OPUC] w)- ^fl9 CD Cooies 4 o 7 PSK. TKS :,:xtt t .HIGH COURT DATED:2310612025 ORDER WP.No.25554 of 2024 10 srP al5 \i. ,i - .i ,rj '.)r.i.. . /!,, ,,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS