The High Court may grant interim relief in its writ jurisdiction to stay coercive actions when the concerned appellate tribunal is non-functional during vacation and the petitioner faces immediate, irreparable legal harm.

O R D E R

% 02.01.2026

CM APPL.17-18/2026(Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 06/2026 & CM APPL. 16/2026

2. The present Writ Petition has been filed under Articles 226 and 227 of the Constitution of India, challenging the Central Electricity Regulatory Commission (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022, whereby the Petitioners are seeking the reliefs as prayed for:

“Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and/or setting aside Clause 22.4(b) of the Central Electricity Regulatory Commission (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022;

B. Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and/or setting aside Clause 13(7) of the Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2020 as amended by the Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) (First Amendment) Regulations, 2023;

C. Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and/or setting aside the Order dated 26.12.2025 issued by the Respondent No.1 Commission in Petition No.350/MP/2024;

D. Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and/or setting aside the email dated 29.12.2025 issued by the Respondent No.2 indicating the trigger date for payment and recovery of the GNA charges as 03.01.2026 vide which the Respondent No.2 is claiming an amount of INR 25 crores (bills with respect to which were raised from November, 2024 to September, 2025)”

3. By way of the present Writ Petition, an interim relief is sought by the Petitioners in respect to the Order passed by the Respondent No. 1, i.e., Central Electricity Regulatory Commission (hereinafter referred to as “CERC”) dated 26th December, 2025; and thereafter, an email dated 29th December, 2025, issued by the Respondent No. 2, i.e., Central Transmission Utility of India Limited (hereinafter referred to as “CTUIL”) along with the table, wherein the trigger date has been indicated for the payment and recovery of the GNA charges. In respect to the Petitioners herein, the trigger date is stated to be 3rd January, 2026.

4. The ld. Counsel for the Petitioners submits that, since there is no Vacation Bench for the Appellate Tribunal for Electricity (hereinafter referred to as APTEL), the Petitioners have no alternative remedy but to approach this Court to seek interim relief.

5. In support of the arguments, ld. Counsel for the Petitioners has relied upon the Order passed by the coordinate bench of this Court in CM(M) 609/2022, titled “Kailash Mehendiratta v. Central Bank of India & Ors.,” and it has also been submitted that advance notice has already been issued to the Respondents herein. It is noted that despite the advance notice, the Respondents have not entered an appearance.

6. Reliance has also been placed by the ld. Counsel for the Petitioners on the Practice Directions dated 05th December, 2019, bearing No. 69/Rules/DHC/2019, issued by the High Court of Delhi in respect of Civil Miscellaneous (Main) Petitions under Article 227 of the Constitution of India and Civil Revision Petitions under Section 115 of the Code of Civil Procedure, 1908, emphasizing Paragraph 5(b) of the same, which is quoted as under:

“(b) In case any opposite party