IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

RP No. 11 of 2024 Dated: 07^th February, 2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

Jindal India Thermal Power Limited Through Mr. Sanjay Mittal, Authorized Representative Registered Office: Habitat India, C-3, Qutab Institutional Area, Katwaria Sarai, New Delhi – 110016 Email: jitpl.ra.@jindalgroup.com (OLD ADDRESS)

Plot No. 2, Pocket-C, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070 … Review Petitioner Versus

1. Central Electricity Regulatory Commission Through its Secretary, 3^rd & 4^th Floor, Chanderlok Building, 36, Janpath, New Delhi – 110001 Email: info@cercind.gov.in

2. GRIDCO Limited Through its Chairman, Janpath, Bhubneshwar - 751020 Odisha Email: gridcofca@gridco.co.in … Respondents Counsel on record for the Appellant(s) : Sajan Poovayya, Ld. Sr. Adv.

Matrugupta Mishra Swagatika Sahoo Nipun Dave Sonakshi Akanksha V. Ingole Shiv Chopra Harsh Jain for App. 1 Counsel on record for the Respondent(s) : for Res. 1 Raj Kumar Mehta Himanshi Andley for Res. 2

O R D E R

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The petitioner, by way of this petition, has sought review of Order dated 31.07.2024 passed by this Tribunal in petitioner’s appeal no. 78 of

2022, thereby dismissing the appeal.

2. According to the petitioner, apart from certain clerical/typographical errors, the Order dated 31.07.2024 suffers from some patents errors also which need to be rectified in exercise of powers of review by this Tribunal.

3. We have heard learned senior counsel appearing on behalf of the review petitioner and the learned counsel appearing on behalf of the Second Respondent. We have also perused the Judgment dated 31.07.2024 which is sought to be reviewed and have also gone through the written submissions filed by the learned counsels.

4. At the outset, we may note that Section 114 of the Code of Civil Procedure (CPC) is a substantive provision dealing with scope of review and is quoted below;

Section 114, CPC Subject as aforesaid, any person considering himself aggrieved (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred. (b) by a decree or order from which no appeal is allowed by this Code, or (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

5. The grounds on which review of a Judgment/Order can be sought have been specified in Order XLVII of the Civil Procedure Code which are reproduced hereinbelow;

Order XLVII, CPC Application for review of judgement:-

(1) Any person considering himself aggrieved (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applied for the review.

Explanation.—The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or