CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No. 874/MP/2025 Coram:

Shri Jishnu Barua, Chairperson Shri Ramesh Babu V., Member Shri Harish Dudani, Member Shri Ravinder Singh Dhillon, Member Date of Order: 12.03.2026 In the matter of:

Petition under Section 142 of the Electricity Act, 2003 read with Regulations 65 and 70(2) of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023 for the execution of order dated 25.11.2024 passed by the Commission and directions and initiation of appropriate action against the Respondent for non-compliance of the directions issued under order dated 25.11.2024 in Petition No. 75/MP/2022.

And In the matter of Jindal India Power Ltd.

C-3, 1st Floor, Habitat India, Katwaria Sarai, New Delhi – 110016 …. Petitioner Vs

1. BSES Rajdhani Power Limited BSES Bhawan, 2nd Floor, B-Block, Nehru Place, New Delhi – 110019

2. Tata Power Trading Company Limited Shatabdi Bhawan, B-12-13, Sector- 4, Noida – 201301 …Respondents Parties present:

Shri Vishrov Mukherjee, Advocate, JIPL Shri Pratyush Singh, Advocate, JIPL Ms. Anumeha Smiti, Advocate, JIPL

ORDER

Jindal India Power Limited (JIPL) has filed the present petition under Section

142 of the Electricity Act, 2003 read with Regulations 65 and 70(2) of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023, seeking execution and enforcement of the Commission’s order dated 25.11.2024 in Petition No. 75/MP/2022, and initiation of appropriate action against BSES Rajdhani Power Limited (BRPL/ Respondent No.1) for non-compliance with the directions issued therein.

2. The Petitioner has made the following prayers in the instant Petition:

“(a) Execute the Order dated 25.11.2024 passed by this Hon’ble Commission in Petition No.75/MP/2024;

(b) Direct BRPL to make payment of Rs. 15,114,117/- along with interest towards amounts due and payable to JIPL in terms of Order dated 25.11.2024 in Petition No.75/MP/2024;

(c) Direct BRPL to pay further interest/compensation on the amount mentioned in prayer (b) till the date of actual payment;

(d) Pass an order of attachment, attaching to the extent of Rs. 15,114,117/- from the bank account(s) belonging to the Respondent No.1/BRPL, pending disposal of the Petition;

(e) Award costs of these proceedings against the Respondent and in favour of the Petitioner; and (f) Pass any other such Orders that this Hon’ble Commission may deem fit.”

Background

3. The Petitioner is a generating company engaged in the business of generation of electricity through its 1200 MW coal-based thermal power plant located at Angul, Odisha. BRPL is a distribution licensee in Delhi, and Respondent No.2, Tata Power Trading Company Limited (TPTCL), is a trading licensee under Section 14(c) of the Electricity Act, through whom power from the Petitioner was supplied to BRPL.

4. The dispute between the parties arises out of the procurement of short-term power by BRPL pursuant to the Guidelines for Short-Term Procurement of Power issued by the Ministry of Power on 30.3.2016. In pursuance of the said Guidelines, BRPL issued a Request for Proposal on 17.12.2020 for the procurement of up to 700 MW of short-term power for the period 1.4.2021 to 30.9.2021.

5. Pursuant to the competitive bidding process conducted through the DEEP portal, BRPL issued a Letter of Intent (LOI) dated 13.2.2021 to TPTCL for the procurement of power, with the Petitioner being the identified source of supply. The LOI, inter alia, provided for the quantum of power to be supplied, the delivery point, payment terms, and provisions relating to Liquidated Damages (LD) for a shortfall in power supply.

6. Disputes subsequently arose between the parties regarding the computation of LD for the alleged shortfall in the supply of power. The Petitioner and TPTCL contended that the deviation of 15% from the contracted energy was required to be computed on a monthly basis, whereas BRPL calculated the LD on a fortnightly basis, resulting in the deductio