1 ITEM NO.124 COURT NO.8 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.1855/2023 SRC COMPANY INFRA PVT. LTD. Appellant(s) VERSUS GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED & ANR. Respondent(s) (IA No. 58626/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 20-11-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Appellant(s) : Mr. Dama Sesdhadri Naidu, Sr. Adv. Mr. Raghavendra S. Srivatsa, Sr. Adv. Mr. Amit Pai, AOR Ms. Bhavana Duhoon, Adv. Ms. Pankhuri Bardwaj, Adv. For Respondent(s) : Mr. Arunav Patnaik, Adv. Ms. Bhabna Das, AOR Mr. Nirbhay Nitya Nanda, Adv. Mr. Vishnu Kanth Mundada, Adv. UPON hearing the counsel the Court made the following O R D E R 1. This appeal arises out of the order passed by the Appellate Tribunal for Electricity dated 10.01.2023 in IA-1418/2020 & IA- 1943/2019 in DFR-2359/2019 respectively, by which the Interlocutory Application No.1943/2022 seeking condonation of delay of 418 days in preferring the appeal and IA-1418/2022 seeking condonation of delay of 341 days in refiling the appeal filed by the appellant - herein came to be rejected. Thus, the Tribunal declined to condone the delay as prayed for by the appellant - herein in preferring the appeal against the order passed by the Karnataka Electricity Regu - latory Commission (for short, “the Commission) dated 19.07.2018 in OP No.93/2017.
2 2. We need to record few facts. 3. It appears that the appellant - herein preferred a petition before the Commission under Section 86(1)(f) of the Electricity Act, 2003 (for short, “the Act”) and prayed for the following reliefs:- “a) Direction, declaring that the Petitioner is entitled to the tariff, as per the PPA at the rate of Rs.9.56 per unit, for the term of the PPA; b) Direction to the Respondent, to make payment for the invoices raised by the Petitioner at the rate of Rs.9.56 per unit, along with interest at the rate of 1%, as agreed under the PPA; and, c) Pass such other Orders, including an Order as to costs, in the interest of justice.” 4. The Commission framed three issues for its consideration:- “ISSUE No.(1): Whether in the absence of a clause in the PPA specifying the time available for commissioning of the Petitioner’s Project, the time specified in the Respondent’s Guidelines relating to the SRTPV scheme, is binding on the Petitioner? ISSUE No.(2): Whether the Respondent is correct in granting 180 days’ time to Petitioner, for commissioning in Format-6 [6(i)] dated 2.2.2016 after execution of the PPA? ISSUE No.(3): Whether the Petitioner, has made out a case for its plant being eligible for the tariff agreed to in the PPA?” 5. The Commission ultimately vide its order dated 19.07.2018 declined to grant the reliefs prayed for by the appellant - herein and dismissed the petition. The operative part of the order passed by the Commission reads thus:- "a) It is declared that the Petitioner is not entitled for any of the reliefs, sought for in this petition; b) The Petitioner is entitled to a tariff of Rs.5.67 (Rupees Five and Paise Sixty-Seven) only per unit, for the term of the PPA; and, c)The Petitioner is also entitled for payment of interest, as per the terms of the PPA.” 6. Thus, the Commission held that the appellant herein is entitled to a tariff of Rs.5.67 only per unit for the terms of the
3 Power Purchase Agreement (PPA) and not Rs.9.56 per unit as demanded by the appellant. 7. The appellant herein, being dissatisfied with the order passed by the Commission, preferred appeal before the Appellate Tribunal for Electricity. However, there was a delay in preferring the appeal, as noted above, the Tribunal declined to condone the delay saying that the appellant had failed to make out any sufficient cause for condoning the delay. 8. In such circumstances, referred to above, the appellant is here before us with the present appeal. 9. Mr. Dama Seshadri Naidu, the learned Senior Counsel appearing for the appellant would submit that this Court may consider condoning the delay taking into consideration the fact that a similarly situated Generating Company had gone before the Commission with the very same reliefs. 10. The Commission declined to grant such reliefs, in the same way as the Commission declined in the present case. However, in the said case, the Generating Company went in appeal before the Tribunal and they succeeded before the Tribunal. Against that order passed by the Tribunal, the Bangalore Electricity Supply Company is here before us by way of their appeal. He would submit that the issues involved in the said appeal are almost identical. 11. The proceedings which Mr. Sesdhadri is talking about are titled “Bangalore Electricity Supply Company Versus Tata Parsanna Kumar” (Civil Appeal No.5699/2021). 12. We are informed that this appeal preferred by Bangalore Electricity Supply Company is yet to be admitted and is being heard by a Co-ordinate Bench. 13. On the other hand Ms. Bhawna Das, the learned counsel appearing for the respondent No.1 - Gulbarga Electricity Supply Company Limited submits that irrespective of the issues involved in the appeal which we have referred to above, there is no merit in the present appeal. 14. According to her, no error not to speak any error of law could be said to have been committed by the Tribunal in declining to
4 condone the gross delay in preferring the appeal as well as gross delay in refiling of the appeal. Although, the learned counsel appearing for the Respondent No.1 may be justified in submitting that this Court may not interfere with the impugned order passed by the Tribunal which is absolutely discretionary in nature, y et having regard to the peculiar facts and circumstances of this case, more particularly, the issues involved in the appeal which we have referred to above, we are of the view, let this appeal be kept with Civil Appeal No.5699/2021, In the course of the hearing of Civil Appeal No.5699/2021 if the Bench finds that the facts are almost identical and the issues involved are the same, it may take an appropriate call as regards condoning the delay and proceeding further with the matter. 15. In view of the aforesaid, the Registry is directed to take approprite steps in this regard. (VISHAL ANAND) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.20 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) IA No. 116337/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 116336/2021 - STAY APPLICATION Date : 11-11-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ATUL S. CHANDURKAR For Appellant(s) : Ms. Garima Jain , AOR For Respondent(s) : Mr. Anantha Narayana M.g., AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the respondent(s) seeking adjournment due to personal difficulty, the matter stands adjourned by four weeks. (KAPIL TANDON) (NIDHI WASON) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.8 COURT NO.16 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 1855/2023 SRC COMPANY INFRA PVT. LTD. Appellant(s) VERSUS GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED & ANR. Respondent(s) IA No. 58626/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT Date : 14-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K.V. VISWANATHAN For Appellant(s) Mr. Dama Seshadri Naidu, Sr. Adv. Mr. Pai Amit, AOR Ms. Pankhuri Bhardwaj, Adv. Mr. Abhiyudaya Vats, Adv. Mr. Kushal Dube, Adv. Mr. Rahul Reddy, Adv. For Respondent(s) Mr. Arunav Patnaik, Adv. Ms. Bhabna Das, AOR UPON hearing the counsel, the Court made the following O R D E R Admitted. List for hearing/disposal on 24.07.2025. (BABITA PANDEY) (PREETI SAXENA) AR-CUM-PS COURT MASTER (NSH)
ITEM NO.37 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) (IA No. 116337/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 116336/2021 - STAY APPLICATION) Date : 29-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Appellant(s) Ms. Garima Jain , AOR For Respondent(s) Mr. Anantha Narayana M.g., AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the appellant seeking an adjournment, matter is adjourned for three weeks. (RAJNI MUKHI) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.32 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) IA No. 116337/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 116336/2021 - STAY APPLICATION) Date : 25-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Appellant(s) Mr. Km Nataraj, Sr. Adv. Ms. Garima Jain, AOR Mr. Tushar Kanti Mohindroo, Adv. Mr. Arnav Khanna, Adv. Mr. Anuj Udupa, Adv. For Respondent(s) Mr. Basava Prabhu S Patil, Sr. Adv. Mr. Anantha Narayana M.g., AOR Mr. V. C. Shukla, Adv. Mr. Tarun Gulia, Adv. Mr. Aishvary Vikram, Adv. Mr. Ajay Awasthi, Adv. Mr. Sushant Bajaj, Adv. Mr. Siddarth Relan, Adv. Mr. Prabhsimar, Adv. Mr. Gopalakrishna M L, Adv. Mr. Geet Rajan Ahuja, Adv. Mr. Rahul G Tanwani, Adv. UPON hearing the counsel the Court made the following O R D E R List the matter on 29.08.2023 (Tuesday). (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.51 REGISTRAR COURT. 2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VIVEK SAXENA Civil Appeal No(s). 1855/2023 SRC COMPANY INFRA PVT. LTD. Appellant(s) VERSUS GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED & ANR. Respondent(s) Date : 18-07-2023 This appeal was called on for hearing today. For Appellant(s) Mr. Pai Amit, AOR Mr. P. Ashok, Adv. For Respondent(s) Ms. Bhabna Das, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Despite due service on respondent no.2, there is no appearance. Four weeks time, is granted to respondent no.1 to file counter affidavit. After the expiry of said period, matter shall be processed for listing before the Hon’ble Court as per rules. VIVEK SAXENA Registrar
ITEM NO.46 COURT NO.12 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) IA No. 116337/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 116336/2021 - STAY APPLICATION) Date : 01-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Mr. k.M. Nataraj, Sr. Adv. Ms. Garima Jain , AOR Ms. Nidhi Gupta. Adv. Ms. Shruti Priya, Adv. For Respondent(s) Mr. Basava Prabhu S Patil, Sr. Adv. Mr. Anantha Narayana M.g., AOR Mr. V. C. Shukla, Adv. Mr. Tarun Gulia, Adv. Mr. Aishvary Vikram, Adv. Mr. Ajay Awasthi, Adv. Mr. Sushant Bajaj, Adv. Mr. Siddarth Relan, Adv. Mr. Prabhsimar, Adv. Mr. Gopalakrishna M L, Adv. Mr. Geet Rajan Ahuja, Adv. Mr. Rahul G Tanwani, Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice to respondent no.2. Learned counsel for respondent no.1 seeks time to file its vakalatnama. The same be filed in the meanwhile. List the matter on a non-miscellaneous day after Summer Vacations, 2023. (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.48 COURT NO.12 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) (IA No. 116337/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 116336/2021 - STAY APPLICATION) Date : 17-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Mr. KM Nataraj, Sr. Adv. Ms. Garima Jain, AOR Ms. Nidhi Gupta, Adv. For Respondent(s) Mr. Basava Prabhu S Patil, Sr. Adv. Mr. Anantha Narayana M.G., AOR Mr. V. C. Shukla, Adv. Mr. Tarun Gulia, Adv. Mr. Aishvary Vikram, Adv. Mr. Ajay Awasthi, Adv. Mr. Sushant Bajaj, Adv. Mr. Siddarth Relan, Adv. Mr. Prabhsimar, Adv. Mr. Gopalakrishna M L, Adv. Mr. Geet Rajan Ahuja, Adv. UPON hearing the counsel the Court made the following O R D E R List the matters during first week of May, 2023. (NISHA KHULBEY) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.12 COURT NO.12 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 1855/2023 SRC COMPANY INFRA PVT. LTD. Appellant(s) VERSUS GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED & ANR. Respondent(s) ( IA No.58626/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 11-04-2023 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Mr. Dama Seshadri Naidu, Sr. Adv. Mr. Pai Amit, AOR Ms. Pankhuri Bhardwaj, Adv. Ms. Bhavana Duhoon, Adv. Mr. Sahel Sood, Adv. Mr. K. Sai Teja, Adv. Mr. Abhiyudaya Vats, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.32 COURT NO.12 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) (IA No. 116337/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 116336/2021 - STAY APPLICATION) Date : 21-03-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Ms. Garima Jain , AOR For Respondent(s) Mr. Basava Prabhu S Patil, Sr. Adv. Mr. Anantha Narayana M.g., AOR Mr. V. C. Shukla, Adv. Mr. Tarun Gulia, Adv. Mr. Aishvary Vikram, Adv. Mr. Ajay Awasthi, Adv. Mr. Sushant Bajaj, Adv. Mr. Siddarth Relan, Adv. Mr. Prabhsimar, Adv. Mr. Gopalakrishna M L, Adv. Mr. Feet Rajan Ahuja, Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the appellant seeking an adjournment to file rejoinder affidavit, matter is adjourned by one week. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.47 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY Civil Appeal No(s). 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) Date : 25-01-2023 This appeal was called on for hearing today. For Appellant(s) Ms. Garima Jain , AOR For Respondent(s) Mr. Anantha Narayana M.g., AOR Mr. V.C. Shukla, Adv. Mr. Tarun Gulia, Adv. Mr. Sushant Bajaj, Adv. Mr. Siddharth Relan, Adv. UPON hearing the counsel, the Court made the following O R D E R Service of notice is waived off in respect of respondent No.2, in terms of Court’s order dated 26.9.2022. Ld. counsel for respondent No.1 prays for and is granted four weeks’ time, as last opportunity, for filing counter affidavit. At the end of the period aforesaid, whether counter affidavit is filed or not, Registry to process the matter for listing before the Hon’ble Court, as per rules. H. SHASHIDHARA SHETTY Registrar
ITEM NO.14 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY Civil Appeal No(s). 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) Date : 07-12-2022 This appeal was called on for hearing today. For Appellant(s) Ms. Garima Jain , AOR For Respondent(s) Mr. Anantha Narayana M.g., AOR Mr V.C.Shukla, Adv. Mr Tarun Gulia, Adv. Mr Sushant Bajaj, Adv. Mr Siddharth Relan, Adv. Mr M.L.Gopalakrishna, Adv. Mr Venkata Krishna Kunduru, Adv. UPON hearing the counsel, the Court made the following O R D E R Ld. Counsel for respondent no.1 prays for and is granted four weeks’ time for filing counter affidavit. Service of notice is waived off in respect of respondent no.2 in terms of order dt.26.9.2022 passed by the Hon’ble Court. However, ld. Counsel for the petitioner prays for and is granted two weeks’ time to take fresh steps in respect of respondent no.2. List again on 25.1.2023. H. SHASHIDHARA SHETTY Registrar
1 ITEM NO.3 COURT NO.15 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) (IA No.116337/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.116336/2021-STAY APPLICATION ) Date : 26-09-2022 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Appellant(s) Mr. K M. Nataraj, Sr. Adv. Mr. Sriranga S, Sr. Adv. Ms. Garima Jain, Adv. Mr. Balaji Srinivasan, AOR Ms. Sumana Naganand, Adv. For Respondent(s) Mr. Basavaprabhu Patil, Sr. Adv. Mr. Anantha Narayana M.G., AOR Mr. Geet Rajan Ahuja, Adv. Mr. V.C. Shukla, Adv. Mr. Tarun Gulia, Adv. Mr. M.L. Gopala Krishna, Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice to the respondents. Mr. Anantha Narayana M.G., learned Advocate on record accepts notice on behalf of the respondents. Service of notice with respect to the respondents is waived off.
2 We see no reason to pass any interim order at this juncture. The respondents may file their objections to the appeal, if any. (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.805 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5699/2021 BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s) VERSUS TATA PRASANNA KUMAR & ANR. Respondent(s) (IA No.116337/2021EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.116336/2021STAY APPLICATION) Date : 22042022 This appeal was orally mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Mr. Prateek Yadav,Adv.(Orally mentioned by) Mr. Balaji Srinivasan, AOR For Respondent(s) Mr. Anantha Narayana M.g., AOR UPON hearing the counsel the Court made the following O R D E R This petition was orally mentioned by the learned counsel appearing for the appellant informing therein that the said matter is likely to be listed for hearing on 2942022 and requests that the said matter may not be deleted. In view of the above, the Registry is directed not to delete the said matter from the date already notified. (VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRARcumPS COURT MASTER (NSH)