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Informist, Thursday, Aug. 20, 2026

 

--Maharashtra discom withdraws plea against order to pay JSW Energy INR 6 bln 

--CONTEXT: Maharashtra power commission asked state discom to pay JSW Energy 

--Appellate tribunal rejects discom request to file review plea in commission

 

NEW DELHI – The Appellate Tribunal for Electricity has rejected Maharashtra State Electricity Distribution Co. Ltd.'s request to allow it to file a review petition before the Maharashtra Electricity Regulatory Commission against the latter's order asking the power distributor to pay INR 6 billion to JSW Energy Ltd. towards differential energy charges, fixed charges, and late payment surcharge.

 

The order came after the power distribution company withdrew its plea before the appellate tribunal challenging the regulatory commission's order. "...Request of the appellant for liberty to approach the commission by way of a review petition is hereby declined. The appeal is dismissed as withdrawn," the tribunal said.

 

The tribunal noted that the regulatory commission's order, which has been partially complied with by the power distribution company, had created a vested right in favour of JSW Energy. More importantly, the Supreme Court, while approving the order in April, had directed the distribution company to pay INR 2.5 billion to JSW Energy as an interim measure. Allowing the company to withdraw its appeal with liberty to approach the regulatory commission again with a review petition would nullify the rights created in favour of JSW Energy by the commission's order as well as the Supreme Court's order, the tribunal said. This would force JSW Energy to relitigate the matter from scratch before the regulatory commission, causing it severe financial and procedural prejudice.

 

The tribunal noted that the regulatory commission had made a statement that it was willing to reconsider its order as it would not stand scrutiny on appeal. But beyond the "bald oral" submission, Solicitor General of India Tushar Mehta, appearing for the commission, made no attempt to take the appellate tribunal through the commission's order to demonstrate why it would not stand scrutiny. "We are afraid that we cannot set aside an order of the commission and remand the case back to the commission for reconsideration merely on the asking of the commission without gaining satisfaction that such submission is made bona fide and upon sound legal basis," the tribunal said.

 

The case has its genesis from Maharashtra State Electricity Distribution Co. challenging certain invoices raised by JSW Energy for the period from 2022 to 2025 in terms of the power purchase agreement executed in 2010 between the parties. In 2025, the state regulatory commission dismissed the distribution company's petition and directed it to pay the amount towards differential energy charges, fixed charges, and late payment surcharge.

 

Thursday, shares of JSW Energy Ltd. ended at INR 542 on the National Stock Exchange, down 0.4% from Wednesday.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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