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Informist, Friday, Aug. 21, 2026

 

--Maharashtra discom moves SC vs tribunal refusing relief in JSW Energy case 

--CONTEXT: Tribunal rejected discom request to file review plea in commission 

--CONTEXT: Commission asked Maharashtra discom to pay JSW Energy INR 6 bln 

--SC agrees to urgently hear Maharashtra discom plea in JSW Energy case 

 

NEW DELHI – The Supreme Court Friday agreed to urgently hear Maharashtra State Electricity Distribution Co. Ltd.'s plea seeking 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 Maharashtra State Electricity Distribution Co. has challenged an order by the Appellate Tribunal for Electricity, which refused to allow the discom to file the review petition.

 

The appellate tribunal's order had come 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 The appeal is dismissed as withdrawn," the tribunal had said.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. 

 

The appellate 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 appellate 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 appellate tribunal had said.

 

At 1145 IST, the shares of JSW Energy Ltd. were up 1.3% at INR 549.10 on the National Stock Exchange.  End 

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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