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2026 Supreme(SC) 561

SANJAY KUMAR, K. VINOD CHANDRAN
Punjab State Power Corporation Limited – Appellant
Versus
Talwandi Sabo Power Limited – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Poorva Saigal, Adv. Mr. Pramod Dayal, AOR Mr. Rishabh Saxena, Adv. Ms. Kaavya Madaan, Adv. Ms. Shirin Gupta, Adv. Mr. M.G. Ramachandran, Sr. Adv. Mr. Shubham Arya, Adv. Mr. Nikunj Dayal, AOR Ms. Reeha Singh, Adv. Ms. Pallavi Saigal, Adv. Ms. Shree Dwivedi, Adv. Ms. Harsha Parakh, Adv.
For the Respondent(s): Mr. Sajan Poovayya, Sr. Adv. Mr. Vishrov Mukerjee, Adv. Mr. Pratyush Singh, Adv. Ms. Garima Adlakha, Adv. Ms. Nishtha Kumar, AOR Mr. Palash Maheshwari, Adv. Ms. Sindura N. Swamy, Adv. Ms. Raksha Agarwal, Adv. Ms. Sunieta Ojha, AOR

JUDGMENT

K. VINOD CHANDRAN, J.

The appeals are filed by the Punjab State Load Despatch Centre (PSLDC) and the Punjab State Power Corporation Limited (PSPCL) against the judgment of the Appellate Tribunal for Electricity (APTEL) reversing the order of the Punjab State Electricity Regulatory Commission (SERC). The impugned order sets aside the finding of ‘misdeclaration of Declared Capacity’ as found by the PSLDC on four days in January 2017. Initially, misdeclaration was found for five days i.e. on 10.08.2015, 15.01.2017, 17.01.2017, 24.01.2017 and 31.01.2017 leading to a levy of penalty coming to Rs.162,74,72,865/- by Memo No. 278 dated 15.03.2017, out of which a penalty of Rs.74,27,27,159/-stood deducted from the pending bills. At the instance of the State Generating Station, Talwandi Sabo Power Limited (SGS or TSPL, alternatively) directions were issued by the High Court referring the matter, first to the Commercial and Metering Committee and then to the State Grid Code Review Committee. Dissatisfied with the proceedings thereat, again on the directions of the High Court, the matter was referred to the SERC which affirmed the findings of the PSLDC that the SGS had failed to demonst

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