WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD. Vs. ADHUNIK POWER & NATURAL RESOURCE LTD.

JUDGEMENT

(1.) The appeals are directed against the judgment and order dtd. 4/9/2025 whereby the Appellate Tribunal for Electricity ('APTEL') modified the order dtd. 29/1/2020 passed by the Central Electricity Regulatory Commission, New Delhi ('CERC') and directed that Respondent No.1, Adhunik Power and Natural Resources Ltd. ('APNRL'), was entitled to (i) compensation for coal purchased through e-auction/ import to meet the shortfall in tapering linkage granted to it pending operationalization of the Ganeshpur captive coal block, and (ii) compensation on account of Change in Law events with effect from 25/8/2014 as per Article 10.2 of the PPA [Power Purchase Agreement]/PSA [Power Supply Agreement], along with carrying costs till actual payment was made.

(2.) On 5/1/2011, a PSA was executed between the Appellant, West Bengal State Electricity Distribution Company Ltd. ('WBSEDCL') and Respondent No. 3, PTC India Limited [An inter-state trader of electricity] ('PTC') for supply of 100 MW of power for a period of 25 years.

(3.) As a back-to-back arrangement on 25/3/2011, a PPA was executed between APNRL and PTC for onward sale of 100 MW of power to WBSEDCL.