The Appellate Tribunal for Electricity has condoned a delay of 30 days in refiling an appeal filed by Rajasthan Urja Vikas and IT Services Ltd. against the Rajasthan Electricity Regulatory Commission and others.
A Bench comprising Justice Ramesh Ranganathan (Chairperson) and Mr. Ajay Talegaonkar (Technical Member – Electricity) held that delay in refiling an appeal stands on a different footing from delay in filing an appeal. The Tribunal observed that, unlike the latter, respondents are not entitled to a hearing at the stage of considering condonation of delay in refiling. Given that the delay was limited to 30 days, the same was condoned and the application disposed of .
The matter originated from RUVITL’s petition before the RERC seeking to revise the pre-fixed levelized tariff for solar projects. While the RERC had previously recognized Basic Customs Duty (BCD) and increased Goods and Services Tax (GST) as “Change in Law” events, RUVITL argued that these additional tax burdens were effectively neutralized by a substantial collapse in solar module prices. By its order dated November 25, 2025, the RERC had dismissed RUVITL’s petition, characterizing it as a barred attempt to review concluded tariff orders.
During the hearing, counsel for the second respondent contended that the appeal itself was not filed within the prescribed limitation period and objected to its maintainability, arguing that the Registry ought not to have entertained the appeal in the absence of an application for condonation of delay in filing. Accepting the request, the Tribunal granted four weeks’ time to the respondents to file their reply to the appeal and raise objections on maintainability. Three weeks’ time thereafter was granted to the appellant to file a rejoinder.
The matter has been listed for consideration of the interlocutory application on 17 April 2026.
Appearances:
For the Appellants: Mr. Kartik Seth (Advocate), and Mr. Raghav Sharma (Advocate).
For the Respondents: Abhishek Nath Tripathi; Mani Gupta; Pranav Malhotra; Aman Choudhary; Sonali Jain; Garima Sharma
