APPELLATE TRIBUNAL FOR ELECTRICITY
WAANEEP SOLAR PRIVATE LIMITED VERSUS ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION & Ors
REVIEW PETITION NO.5 2024 (PDF)
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)
REVIEW PETITION NO.5 OF 2024 Dated: 28.04.2025 Present: Hon`ble Mr. Sandesh Kumar Sharma, Technical Member Hon`ble Mr. Virender Bhat, Judicial Member In the matter of:
WAANEEP SOLAR PRIVATE LIMITED Through its G.M. Legal 201 & 202, Third Floor, Okhla Industrial Estate Phase 3 Rd, Okhla Phase III, Okhla Industrial Area, New Delhi, Delhi – 110020 secretarial@herofutureenergies.com abhijeet.swaroop@theguild.co.in … Review Petitioner Versus
1. ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (Through its Chairman)
4th Floor, Singareni Bhavan, Red Hills Hyderabad – 500004 Andhra Pradesh Email: chmn@aperc.in
2. GOVERNMENT OF ANDHRA PRADESH (Through its Principal Secretary - Energy)
Department of Energy, Secretariat, Velagudi, Amaravati-522503 Andhra Pradesh Email: secyenergyap@gmail.com
3. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH (Through its Chairman & Managing Director)
Tirupathi, Andhra Pradesh Chittor District-517503 Andhra Pradesh Email: cmd@southernpower.co.in
4. THE CHIEF GENERAL MANAGER (PMM & IPC)
Southern Power Distribution Company of Andhra Pradesh Tirupathi, Andhra Pradesh Chittor District-517503 Andhra Pradesh Email: cgm pmm@southernpowerap.co.in
5. THE CHIEF ENGINEER Transmission Company of Andhra Pradesh A.P.P.C.C, Vidyut Soudha Vijayawada – 520004 Andhra Pradesh Email: ce.trans@aptransco.gov.in 6. THE GENERAL MANAGER Transmission Company of Andhra Pradesh A.P.P.C.C, Vidyut Soudha Vijayawada – 520004 Andhra Pradesh Email: ce.ipc@aptransco.gov.in
7. NEW & RENEWABLE ENERGY DEVELOPMENT CORPORATION OF ANDHRA PRADESH LIMITED (NREDCAP)
(Through its Vice Chairman & Managing Director)
12-464/5/1, River Oaks Apartment, CSR Kalyana Mandapam Road, Tadepalli, Guntur District - 522501 Andhra Pradesh Email: vc@nredcap.in … Respondent (s)
Counsel for the Appellant(s) : Basava Prabhu Patil, Sr. Adv.
Abhijeet Swaroop Tabrez Malawat Syed Hamza Sourajit Sarkar Rupali Jain Counsel for the Respondent(s) : Sidhant Kumar Anushka Shah Manyaa Chandok Akshit Mago Ekssha Kashyap Om Batra Anshika Saxena Rakshit Dhingra Rachit Somani for Res. 3 to 6
O R D E R
PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER
1. The appellant, by way of the instant petition, has sought review of our judgment dated 19.02.2024 passed in appeal No.279/2022.
2. We may note at the outset that the petitioner had assailed the said judgment dated 19.02.2024 before the Hon’ble Supreme Court byway of a Civil Appeal which was disposed off vide order dated 09.07.2024 directing the petitioner / appellants to approach this Tribunal by invoking its review jurisdiction to rectify the errors which, according to the petitioner, have occurred in the said judgment. The relevant portion of the said order of the Hon’ble Supreme Court is reproduced hereinbelow: -
“2. Acceding to the request of the appellant, we permit the appeal to be withdrawn so as to enable the appellant to pursue remedies as available in law before the tribunal. The appellant would be at liberty to move this Court afresh if it is aggrieved by any further order of the tribunal including on the grounds raised in this appeal.
3. In the event that the appellant filed an application for review within a period of two weeks from the date of this order, the tribunal may consider the review on merits.”
3. Accordingly, the appellant has filed the instant petition before us seeking rectification of the errors in the judgment dated 19.02.2024, which according to the petitioner, are apparent on the face of record.
4. The review of judgment dated 19.02.2024 is sought on following two grounds: -
(a) the judgment suffers from patent inadvertent arithmetic error in Paragraph Nos.33 and 39; and (b) the judgment inadvertently does not address the issue relating to payment of interest on the total amount of liquidated damages recoverable by the petitioner from respondent Nos.4 & 6.
5. We have heard the learned counsel for the petitioner / appellant as well as learned counsel for the r
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