IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No. 98 OF 2021 & IA No. 2004 OF 2024 AND APPEAL No. 465 OF 2023 Dated: 28^th November, 2025 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Smt. Seema Gupta, Technical Member (Electricity)

APPEAL No. 98 OF 2021 & IA No. 2004 OF 2024 In the matter of:

NOIDA POWER COMPANY LIMITED Through its Authorized Representative, Plot No. E.S.S., Knowledge Park -IV, Greater Noida, Uttar Pradesh- 201310 … Appellant(s)

VERSUS

1. UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION Through its Secretary, Vidyut Niyamak Bhawan, Vibhuti khand, Gomti Nagar, Lucknow - 226010 ... Respondent No.1

2. RAMA SHANKER AWASTHI

301, Surbhi Delux Apartment, 6/7 Dalibagh, Lucknow – 226001 … Respondent No.2 Counsel on record for the Appellant(s) : Vishal Gupta Sumeet Sharma Divyanshu Gupta Paras Choudhary Tenzen Tashi Negi Anil Dutt for App. 1 Counsel on record for the Respondent(s) : C.K. Rai for Res. 1 Anand K. Ganesan Swapna Seshadri Divyanshu Bhatt Amal Nair Shashwat Singh Savyasachi Saumitra for Res. 2 APPEAL No. 465 OF 2023 In the matter of:

RAMA SHANKER AWASTHI 301, Surbhi Delux Apartment, 6/7 Dalibagh, Lucknow – 226001 … Appellant(s)

VERSUS

1. UTTAR PRADESH STATE ELECTRICITY REGULATORY COMMISSION Through its Secretary, Vibhuti khand, Kisan Mandi Bhawan, Gomti Nagar, Lucknow - 226010 ... Respondent No.1

2. NOIDA POWER COMPANY LIMITED Through its Managing Director, Registered Office, Electric Sub-station, Knowledge Park -IV, Greater Noida, Gautam Buddha Nagar, Uttar Pradesh- 201310 … Respondent No.2 Counsel on record for the Appellant(s) : Anand K. Ganesan Swapna Seshadri Divyanshu Bhatt Amal Nair Shashwat Singh for App. 1 Counsel on record for the : C.K. Rai Respondent(s) Sumit Panwar Anuradha Roy for Res. 1 Vishal Gupta Anil Dutt Sumeet Sharma Paras Choudhary Tenzen Tashi Negi Debolina Roy for Res. 2

JUDGMENT

(PER HON’BLE MRS. SEEMA GUPTA, TECHNICAL MEMBER, ELECTRICITY)

The Appeal 98 of 2021 is preferred by the Appellant-Noida power Company Limited challenging a limited portion of the tariff order dated 04.12.2020 passed by the Uttar Pradesh Electricity Regulatory Commission (“UPERC”) in Petition No. 1541 of 2019, with regard to various claims of Appellant which has been disallowed, changed/altered.

The Appeal 465 of 2023 is preferred by the Appellant-Rama Shankar Awasthi challenging the tariff order dated 04.12.2020 passed by the Uttar Pradesh Electricity Regulatory Commission (“UPERC”) in Petition No. 1541 of 2019, whereby the UPERC while disallowing some expenditure in True up of FY 2018-19, has not disturbed the claims already made in previous years.

These two appeals are against the same order and are integrally connected and are therefore being disposed of by this Common Judgement Present case has a chequered history and brief details are as under: The Appellant has filed this appeal being Appeal No. 98 of 2021 challenging the Tariff Order dated 04.12.2020 passed by UPERC in Petition no. 1541 of 2019 for approval of Annual Revenue Requirement (ARR) for FY 2020-21, Annual Performance Review (APR) for FY 2019- 20 and True up for FY 2018-19. Further, an Appeal No. 343 of 2021 had been filed by the Appellant before this Tribunal challenging the Tariff Order dated 26.08.2021 passed by UPERC in Petition No. 1684 of 2021. This Tribunal by its judgment dated 24.11.2022 had set aside the Tariff Order impugned in Appeal No. 343 of 2021 and remanded the matter to UPERC for fresh consideration.

The judgment dated 24.11.2022 passed by this Tribunal in Appeal No. 343 of 2021 was challenged by Mr. Rama Shanker Awasthi, Respondent No. 2 in Appeal No.98 of 2021, before the Supreme Court in Civil Appeal No. 9320 of 2022. The Supreme Court, by way of its order dated 13.02.2023 passed in Civil Appeal No. 9320 of 2022, has set aside the judgment dated 24.11.2022 passed by this Tribunal in Appeal No. 343 of 2021 and remanded the matter to this Tribunal in the following terms:

“After we have heard