IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

IA NOS.710 OF 2024 AND 980 OF 2025 IN APPEAL NO.79 OF 2023 Dated : 16.12.2025 Present: Hon’ble Ms. Seema Gupta, Technical Member (Electricity)

Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

M/s. GRIDCO Ltd, Represented Through its Managing Director Janpath, Bhubaneswar – 751022 Email: sgm.pp@gridco.co.in … Applicant/Appellant Versus

1. Odisha Electricity Regulatory Commission Through its Secretary, At: Plot No. 4, Chunokoli, SailashreeVihar, Chandrasekharpur, Bhubaneswar, Email: orierc@gmail.com

2. Department of Energy, Govt of Odisha Through Shri Nikunja Bihari Dhal, IAS Principal Secretary

2^nd Floor, Kharaval Bhawan Gopabandhu Marg, Keshari Nagar Bhubaneswar, Odisha – 751001 Email: energy@nic.in/ energydept.odisha@gmail.com

3. TP Central Odisha Distribution Ltd. (TPCODL), 6^th floor, Through CEO, JSS Tower – B, Infocity campus, Patia, Bhubaneswar, Odisha – 751024 Email: ashish.kumar@tpcentralodisha.com

4. TP Northern Odisha Distribution Ltd Through CEO, TPNODL, corporate office near Emami Bypass, RemunaGolei, Januganj, Balasore – 756019 Email: devendra.prasad@tpnodl.com

5. TP Western Odisha Distribution Ltd Through CEO AT/PO: Burl, Sambalpur, Odisha – 768017 Email: shishir.dudeja@tpwodl.com

6. TP Southern Odisha Distribution Ltd Through CEO AT/PO Courtpeta, Berhampur Gunjam, Odisha – 760004 Email: jeevanjyoti.nayak@tpsouthernodisha.com … Respondent(s)

Counsel for the Appellant(s) : Sitesh Mukherjee, Sr. Adv., Abiha Zaidi Suriti Chowdhary Anuj Bhave Counsel for the Respondent(s) : Rutwik Panda for Res. 1 Soumyajit Pani for Res. 2 Sajan Poovayya, Sr. Adv. Anand Kumar Shrivastava Shruti Kanodia Prabhat Kr. Shrivastava Shivam Sinha Anuja Jain Ishita Jain Sam C. Mathew Priya Goyal Nilesh Panda Amrita Bakhshi Rishika Garg Ankit Bhandari Akash Dash for Res. 3 to 6

O R D E R

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. These two applications (IA Nos.710/2024 and 980/2025) have been filed by the appellant in this appeal seeking permission to submit certain additional documents. The details of the documents sought to be filed by way of application no.710/2024 are given hereunder: -

“

9. Annexure A-9: A copy of the Order of Ld.

”

2. The details of the documents sought to be filed by way of application no.980/2025 are given as under: -

“3. ANNEXURE A-1:

COPY OF THE ORDER DATED 26.05.2025 PASSED BY THIS HON’BLE TRIBUNAL

4. ANNEXURE A-2:

COPY OF THE AUDITOR’S CERTIFICATE

5. ANNEXURE A-3:

COPY OF THE ORDER DATED 07.01.2025 IN PETITION NO. 135/2023

6. ANNEXURE A-4:

COPY OF THE EXTRACTS OF THE ORDER DATED

13.02.2024 AND 24.03.2025

7. ANNEXURE A-5:

COPY OF THE SUPPLEMENTARY PPA EXECUTED BETWEEN NTPC AND GRIDCO FOR KBUNL

8. ANNEXURE A-6:

COPY OF THE ORDER DATED 20.07.2016 PASSED BY LD. OERC IN CASE NO. 43 OF 2011

9. ANNEXURE A-7:

COPY OF THE WRITTEN SUBMISSION DATED

02.04.2024

10. ANNEXURE A-8:

COPY OF THE ORDER DATED 09.05.2025 PASSED BY LD. OERC”

3. We have heard Shri Sitesh Mukherjee, learned senior counsel appearing on behalf of the appellant/applicant as well as Shri Sajan Poovayya, learned senior counsel appearing on behalf of respondent nos.3 to 6.

4. We may note that Rule 27 of Order 41 CPC empowers a court to receive additional evidence/documents on behalf of a party during the proceedings of the appeal. However, such power of an appellate court is not absolute but is restricted by the conditions as stated in the said legal provision which must be fulfilled before allowing any such document to be produced. For the sake of reference, we extract Order 41 Rule 27 hereunder: -

“27. Production of additional evidence in Appellate Court.—(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if —

(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or (aa) the party seeking to produce additional evidence, establishes that notwithstanding the ex