ORDER

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. Vide this petition, the petitioner – Southern Power Distribution Company of Telangana Ltd. is seeking review of judgement dated 24^th January, 2024 of this Tribunal in Appeal No. 133 of 2021 filed by the petitioner assailing therein the order dated 19^th December, 2018 passed by 1^st Respondent – Telangana State Electricity Regulatory Commission (hereinafter referred to as “the Commission”) in OP No. 64 of 2018 filed by 2^nd Respondent – M/s. Kranthi Ediffice Private Limited.

2. The 2^nd Respondent was a successful bidder through open competitive bidding 2012 and open offer route 2013 to setup the solar photovoltaic power project of 10 MW capacity at Nagarkurnool village in Mahabubnagar Dist., Telangana State. It entered into PPA with the Appellants on 8^th January, 2015 in this regard for sale of power to the Discom at a tariff of Rs.6.49 per unit. The project was to be commissioned by 7^th January, 2016 and with penalties upto May, 2016. The Government of Telangana State, vide letters of 8^th May, 2015 and 4^th December, 2015 had extended the Scheduled Commercial Operation Date (SCOD) of the solar power project upto 31^st March, 2016 on agreed tariff of Rs.6.45 per unit and further vide letter dated 26^th July, 2016, the SCOD was extended upto 31^st December, 2016 as a last chance for the solar power projects which had concluded PPAs under competitive bidding, 2012 and open offer route, 2013 at the same agreed price of Rs.6.45 per unit. The First Respondent, i.e. the Commission accorded approval to such extension of SCOD vide letter dated 14^th October, 2016. Accordingly, a supplementary PPA dated 3^rd December, 2016 came to be executed between the Appellants and the 2^nd Respondent hereby extending the SCOD till 31^st December, 2016 with further conditions that there shall not be any further extension of SCOD. However, on account of certain stated difficulties, that had allegedly arisen owning to the demonetization of high value currency by the Govt. of India, the 2^nd Respondent could not complete the project by 31^st December, 2016. It submitted a representation dated 31^st December, 2016 to the Appellants seeking extension of time by 2 months to complete the project but there was no response from the Respondents. Thereafter, the 2^nd Respondent approached the Hon’ble High Court of Hyderabad through Writ Petition No. 24 of 2017 which was disposed off vide order dated 3^rd January, 2017 while granting liberty to the 2^nd Respondent to re-submit the representation dated 31^st December, 2016 within one week of the order with further direction to the Appellants to examine the same in right perspective and not to initiate any coercive steps in this behalf pending its consideration. Accordingly, the 2^nd Respondent submitted a representation dated 7^th January, 2017 afresh to the Appellants seeking extension of SCOD. The Appellants vide order dated 19^th January, 2017, refused to extend the COD on the ground that the reasons stated therein do not attract the Force Majeure clause of the PPA.

3. Thereafter, the 2^nd Respondent again approached the Hon’ble High Court of Hyderabad by way of fresh Writ Petition No. 2490 of 2017 challenging the above noted order dated 19^th January, 2017 which was dismissed as withdrawn on the ground that only 1^st Respondent i.e. the Commission was empowered to extend the SCOD. While granting the permission to the 2^nd Respondent to withdraw the Writ Petition, the Hon’ble High Court directed the Appellants not to take coercive action for a period of three weeks within which the Commission was mandated to pass appropriate orders on the interim application filed by the 2^nd Respondent.

4. Subsequently, the 2^nd Respondent filed OP No. 64 of 2018 of the Commission seeking direction to M/s. Telangana Southern Power Distribution Company Ltd. to extend the SCOD of the solar power project in question beyond the time stipulated under the PPA dated 8^th January, 2015 as well as the suppleme