Appeal No. 52 of 2021and Appeal No 70 of 2021.

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IN THE APPELLATE TRIBUNAL FOR ELECTRICITY

(Appellate Jurisdiction)

APPEALNO. 52 OF 2021

& IA NO. 176 OF 2021

AND

APPEAL NO. 70 OF 2021

& IA NO. 289 OF 2021

Dated:

02nd July 2021

Present:

Hon’ble Mr. Ravindra Kumar Verma, Technical Member

Hon’ble Mr. Justice R.K. Gauba, Judicial Member

APPEALNO. 52 OF 2021

& IA NO. 176 OF 2021

In the matter of:

SOLAR ENERGY CORPORATION OF INDIA LIMITED

First Floor, A-Wing, D-3,

District Center - Saket,

New Delhi-110 017

....

Appellant(s)

VERSUS

1.

DELHI ELECTRICITY REGULATORY COMMISSION

Viniyamak Bhawan, ‘C’ Block,

Shivalik, Malviya Nagar

New Delhi-110 017

2.

TATA POWER DELHI DISTRIBUTION LIMITED

NPDL House, Hudson Lines,

Kingsway Camp

New Delhi – 110 009

….

Respondents

Counsel for the Appellant(s):

Mr. Tushar Mehta, Ld. Solicitor General of India

Mr. M.G. Ramachandran, Sr. Adv.

Ms. Ranjitha Ramachandran

Ms. Poorva Saigal

Ms. Anushree Bardan

Mr. Shubham Arya

Ms.Tanya Sareen

Appeal No. 52 of 2021and Appeal No 70 of 2021.

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Counsel for the Respondent(s): Ms. Preeti Goel for R-1

Mr. S. Venkatesh

Mr. Siddharth Joshi for R-2

APPEAL NO. 70 OF 2021

& IA NO. 289 OF 2021

In the matter of:

SOLAR ENERGY CORPORATION OF INDIA LIMITED

First Floor, A-Wing, D-3,

District Center - Saket,

New Delhi-110 017

....

Appellant(s)

VERSUS

1.

PUNJAB STATE ELECTRICITY REGULATORY COMMISSION

Site No.3, Block-B, Sector-18-A

Madhya Marg,

Chandigarh,

Punjab-160 018

2.

PUNJAB STATE POWER CORPORATION LIMITED

The Mall, PSEB Head Office,

Baradari, Patiala

Punjab-147 001

3.

ADANI GREEN ENERGY NINE LIMITED

Adani House, 56, Shrimali Society,

Navrangpura Ahmedabad,

Gujarat-380 009

4.

ADANI GREEN ENERGY SEVEN LIMITED

Adani House, 56, Shrimali Society,

Navrangpura Ahmedabad,

Gujarat-380 009

….

Respondents

Counsel for the Appellant(s):

Mr. Tushar Mehta, Ld. Solicitor General of India

Mr. M.G. Ramachandran, Sr. Adv.

Ms. Ranjitha Ramachandran

Ms. Poorva Saigal

Appeal No. 52 of 2021and Appeal No 70 of 2021.

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Ms. Anushree Bardan

Mr. Shubham Arya

Ms.Tanya Sareen

Counsel for the Respondent(s): Ms. Gargi Kumar for R-1

Mr. Anand K. Ganesan

Ms. Swapna Seshadri

Mr. Amal Nair for R-2

Mr. S. Venkatesh

Mr. Siddharth Joshi for R-3 & R-4

J U D G M E N T

PER HON'BLE MR. JUSTICE R.K. GAUBA, JUDICIAL MEMBER

1. The interference by the State Electricity Regulatory Commission

(“SERC”) in the negotiated trading margin in the back-to-back power

purchase agreement (“PPA”) between the electricity generating company

(“generator”) and power trading licensee (“trader”), on one hand, and power

supply agreement (“PSA”) between the trader and the distribution licensee

(“Discom”), on the other, is questioned by the trader on grounds of

jurisdiction and propriety. These appeals assailing orders of different

SERCs have raised common questions of law that need to be addressed

and, hence, have been heard and are being decided by this common

judgment.

2. The appellant in each matter is Solar Energy Corporation of India

Limited (for short, “SECI” and also variously referred to hereinafter as “the

appellant” or “the trader”or “the trading licensee”). It is a Government of

India Enterprise and a company incorporated under the provisions of the

Companies Act. It (SECI) is designated as the inter-State Trading

Licensee, the Intermediary Nodal Agency for implementation of the

Appeal No. 52 of 2021and Appeal No 70 of 2021.

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schemes of the Government of India for developing grid connected solar

power capacity in the country including schemes for setting up of Inter-

State Transmission System (ISTS) connected Solar/Wind/Wind-Solar

Hybrid Power Projects. One of the main objectives of SECI is to assist

Government of India and function as the implementing and facilitating arm