IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

IA No. 1657 of 2022 in Appeal No. 357 of 2023 Dated: 15^th September, 2023 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Mr. Sandesh Kumar Sharma, Technical Member IN THE MATTER OF:

Madhya Pradesh Power Management Company Limited, Block No. 11, Shakti Bhawan, Rampur, Jabalpur, Madhya Pradesh – 482008. … Appellant Vs.

1. Madhya Pradesh Electricity Regulatory Commission, Through the Secretary, 5^th Floor, Metro Plaza, Arera Colony, Bittan Market, Bhopal, Madhya Pradesh – 462016.

2. M/s. Jaiprakash Power Ventures Limited, JA House, 63, Basant Lok, Vasant Vihar, New Delhi – 110057.

3. Madhya Pradesh Poorv Kshetra Vidyut Vitran Company Limited, Jabalpur, Shakti Bhawan, Vidyut Nagar, Through the CMD, Rampur, Jabalpur – 482008.

4. Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited, Bhopal, Through the CMD, Bijli Nagar Colony, Nishtha Parisar, Govindpur, Bhopal, Madhya Pradesh– 462023

5. Madhya Pradesh Paschim Kshetra Vidyut Vitran Company Limited, Indore, Through the CMD, Indore GPH Campus, Polo Ground, Indore, Madhya Pradesh – 452003.

6. State Load Despatch Centre, Through the Chief Engineer, Nayagaon, Rampur, Jabalpur, Madhya Pradesh – 182008.

7. Energy Department, Government of Madhya Pradesh, Through the Principal Secretary, VB-2, Vallabh Bhawan Annex, Mantralay, Bhopal, Madhya Pradesh – 462004.

Counsel for the Appellant(s) : Mr. Alok Shankar Mr. Kumarjeet Ray Counsel for the Respondent(s) : Ms. Mandakini Ghosh Ms. Kirti Dhoke Mr. Rahul Ranjan Ms. Akanksha Bhola ZDSfor R-1 Mr. Sakya Singh Chaudhuari Mr. Avijeet Lala Ms. Astha Sharma Ms. Shreya Dubey Ms. Nameeta Singh Ms. Nithya Balaji Ms. Soumya Kumar Mr. Karan Jaiswal Mr. Aryaman Singh Mr. Ravish Kumar Ms. Aparna Tiwari Ms. Bhumija Phore Ms. Shriya Gambhir Mr. Priyanshu Singh for R-2 Mr. Ravin Dubey for R-6

ORDER

(IA No. 1657 of 2022)

(Application for Stay of Impugned Order)

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The IA No. 1657 of 2022 in Appeal No. 357 of 2023 has been filed by M/s. Madhya Pradesh Power Management Company Limited (in short “MPPMCL” or “Appellant”) seeking stay of the Order dated 07.12.2021 and the Order dated 14.07.2022 (collectively referred as “Impugned Orders”) passed by the Madhya Pradesh Electricity Regulatory Commission (in short “State Commission" or “MPERC”) in Petition No. 64 of 2015, and in Review Petition (in short “RP”) No. 25 of 2022 respectively.

2. The captioned Appeal has challenged the decision of the State Commission directing the Appellant to make the necessary payment qua late payment surcharge @ 1.25% per month as per the terms of the PPA.

3. The Impugned Order dated 07.12.2021 read with Order dated 14.07.2022 in Review Petition No. 25 of 2022 was passed consequent to remand order dated 24.08.2021 (in short “Remand Order”) by this Tribunal in Appeal 232 of 2016, the State Commission while disposing of the Petition No. 64 of 2015, directed that the Appellant is liable to pay LPS @ 1.25% per month as per the terms of the Power Purchase Agreement (in short “PPA”), prior to it the Appellant has also challenged the Remand Order of this Hon’ble Tribunal dated 24.08.2021 before the Supreme Court in Civil Appeal 249 of 2021, which is currently pending adjudication.

4. Being aggrieved by the aforesaid direction of the State Commission, the Appellant filed the captioned Appeal alongwith the IA for seeking stay of the Impugned Orders.

5. The Appellant is the erstwhile Madhya Pradesh Power Trading Co. Ltd., the nominee of the Government of the State of Madhya Pradesh, since renamed as MP Power Management Company Ltd. for purchase of bulk power on behalf of the distribution companies of the State of Madhya Pradesh (in short “MP”).

6. The Respondent No. 1, the State Commission is the statutory authority established under the Electricity Act, 2003 (in short “Act”) and vested with the powers to adjudicate the matter under section 86 of the Act.

7. The Respondent