IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No.61 OF 2022 &

APPEAL No.62 OF 2022 Dated : 05.03.2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

APPEAL No. 61 OF 2022 RANEE POLYMERS PRIVATE LIMITED Through its Authorised Signatory, 87, Sector – 8, IMT – Manesar, Distt. Gurugram – 122050, Haryana Email: mdpa@raneepolymers.com … Appellant Versus

1. HARYANA ELECTRICITY REGULATORY COMMISSION Through its Secretary Bays No. 33-36, Sector – 4, Panchkula – 134112, Haryana.

Email: secretary.herc@nic.in

2. DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED Through its Managing Director Vidyut Sadan, Vidyut Nagar, Hisar – 125005, Haryana. Email: cmd@dhbvn.org.in

3. HARYANA VIDYUT PRASARAN NIGAM LIMITED Through its Managing Director Shakti Bhavan, Sector 6, Panchkula – 134109, Email: md@hvpn.org.in

4. HARYANA VIDYUT PRASARAN NIGAM LIMITED Through its Superintending Engineer, State Transmission Utility, The Coordination Committee for Open Access, Shakti Bhavan, Sector 6, Panchkula – 134109, Email: sestu@hvpn.org.in … Respondents Counsel for the Appellant(s) : Varun Pathak Counsel for the Respondent(s) : Samir Malik Sahil Sood Nikita Choukse for Res. 2 Samir Malik Sahil Sood Nikita Choukse for Res. 3 APPEAL No. 62 OF 2022 HINDUSTAN GUM & CHEMICALS LTD.

Through its Authorized Attorney, Birla Colony, Bhiwani – 127021, Haryana, India.

E Mail: bhiwani@hindustangum.com … Appellant Versus

1. HARYANA ELECTRICITY REGULATORY COMMISSION Through its Secretary Bays No. 33-36, Sector – 4, Panchkula – 134112 Haryana.

Email: secretary.herc@nic.in

2. DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED Through its Managing Director Vidyut Sadan, Vidyut Nagar, Hisar – 125005 Haryana.

Email: cmd@dhbvn.org.in

3. HARYANA VIDYUT PRASARAN NIGAM LIMITED Through its Managing Director Shakti Bhavan, Sector 6, Panchkula – 134109, Email: md@hvpn.org.in

4. HARYANA VIDYUT PRASARAN NIGAM LIMITED Through its Superintending Engineer, State Transmission Utility, The Coordination Committee for Open Access, Shakti Bhavan, Sector 6, Panchkula – 134109 Email: sestu@hvpn.org.in … Respondents Counsel for the Appellant(s) : Varun Pathak Counsel for the Respondent(s) : Samir Malik Sahil Sood Nikita Choukse for Res. 2 Samir Malik Sahil Sood Nikita Choukse for Res. 3

J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The appellants in the two captioned appeals have assailed the two separate but identical orders dated 17.12.2019 passed by the 1^st respondent Haryana Electricity Regulatory Commission (hereinafter referred to as “the Commission”) whereby the Commission has held the compliance of amended Regulation 42 of the Haryana Electricity Regulatory Commission (Terms and conditions for grant of connectivity and open access for intra-State transmission and distribution system) Regulations, 2012 (hereinafter referred to as the “2012 OA Regulations”) as mandatory and has further held the appellants guilty of not providing the requisite information to the 2^nd respondent Dakshin Haryana Bijli Vitran Nigam Limited (in short “DHBVN”)

strictly within the time stipulated under the said regulations.

2. Since both the appeals involve identical legal issue, we find it appropriate to dispose off the same vide this common judgement.

3. The Appellants in both the appeals are consumers getting supply of Electricity from the 2^nd Respondent DHBVN. At the same time, they also purchase power from the IEX (Indian Energy Exchange) through Short Term Open Access (STOA) duly granted by the 2^nd Respondent. It is the contention of the Appellants that amended Regulation 42 of 2012 OA Regulations is only directory in nature and not mandatory and thus, its non-compliance cannot be visited with any punitive consequences as has been done in these two cases.

Facts and circumstance involved in appeal No.61/2022: -

4. In this appeal, the appellant Ranee Polymers Private Limited (in short “RPPL”) is a large supply industrial consumer of