IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 226-227 OF 2021

ANDHRA PRADESH STATE LOAD DESPATCH CENTRE Appellant(s) VERSUS

M/S KSK MAHANADI POWER COMPANY LTD. & ORS. Respondent(s) WITH

CIVIL APPEAL NOS. 100-101 OF 2021

O R D E R

Heard the learned Counsel appearing for the parties.

These appeals, filed against orders dated 24.12.2020 and 12.01.2021 passed by the Appellate Tribunal for Electricity, New Delhi, involve the interpretation of Section 121 of the Electricity Act, 2003. In order to proceed and decide the case, despite the fact that the respondent had filed a petition before the Central Electricity Regulatory Commission (CERC), the Appellate Tribunal took up the case and decided it on merits on the ground that since no Legal Member had been appointed to the Central Commission, pursuant to the orders passed by this Court, the Central Commission could not decide the application filed, as a result of which the Appellate Tribunal will have to do so itself. Section 121 of the Electricity Act reads as follows:-

"121. Power of Appellate Tribunal.- The Appellate Tribunal may, after hearing the Appropriate Commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any Appropriate Commission for the performance of its statutory functions under this Act."

A cursory reading of this Section would show that the Appellate Tribunal may, after hearing either the Appropriate Commission or other interested party, issue orders, instructions or directions to any Appropriate Commission for the performance of its statutory functions under the Act. Obviously, therefore, Section 121 does not give the Appellate Tribunal any power to decide disputes pending before such Tribunals. On this short ground, therefore, the Appellate Tribunal's order dated 24.12.2020 has to be set aside. Consequently, the consequential orders issued pursuant to this order also stand set aside. The parties are now free to go back to the Central Commission, and the Central Commission will decide the dispute before it in accordance with law, including questions as to jurisdiction. We have been informed that pursuant to the order passed by the Appellate Tribunal on 12.01.2021, the SLDC had, in fact, complied with the order and has therefore granted short term Open Access. This short term Open Access will continue only for a period of one week from today, after which it will automatically cease, subject to any orders that may be passed by any authority.

The appeals are disposed of accordingly.

.......................... J. (ROHINTON FALI NARIMAN) .......................... J. (K.M. JOSEPH) .......................... J. (AJAY RASTOGI)

New Delhi; January 29, 2021. 2

ITEM NO.37 Court 3 (Video Conferencing) SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 226-227/2021

ANDHRA PRADESH STATE LOAD DESPATCH CENTRE Appellant(s)

VERSUS

M/S KSK MAHANADI POWER COMPANY LTD. & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.2503/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.4894/2021-EX-PARTE STAY and IA No.2502/2021-PERMISSION TO FILE APPEAL) WITH C.A. No. 100-101/2021 (XVII) ( IA No.6595/2021-GRANT OF INTERIM RELIEF and IA No.6596/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 29-01-2021 These appeals were called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE AJAY RASTOGI
• For Appellant(s) Mr. Nakul Dewan, Sr. Adv. Mr. Nishant Sharma, Adv. Mr. Rakesh K. Sharma, AOR
• Mr. Basava Prabhu Patil, Sr. Adv. Mr. Ardhendumauli Kumar Prasad, AOR Ms. Taruna A. Prasad, Adv. Mr. Nishant Kumar, Adv. Mr. Aditya Vaibhav Singh, Adv. Ms. Utkarsha Sharma, Adv.
  • Mr. Ashish Madaan, Adv.
• For Respondent(s) Mr. V. Giri, Sr. Adv. Mr. Anand Ganesan, Adv. Mr. Nikunj Dayal, AOR Ms. Payal Dayal, Adv. Mr. Pramod Dayal, Adv. Mr. Ashwin Ramanathan, Adv. Mr. Amith Krishnan, Adv. UPON hearing the counsel the Court made the following O R D E R

The appeals are disposed of in terms of the signed order.

Pending applications also stand disposed of.

(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER (Signed order is placed on the file)