J. Sagar Associates (“JSA”) represented GMR Warora Energy Limited (Petition No. 8/MP/2014 and Petition No. 284/MP/2018) in proceedings before the Central Electricity Regulatory Commission (“CERC”) wherein CERC has allowed compensation to GWEL for Levy of BSS, DS, carrying cost and shortfall in linkage coal due to changes in NCDP. Importantly, CERC allowed for compensation in shortfall of linkage coal beyond 31.03.2017.
The Order is significant as this is the first such Order where compensation for shortfall in linkage coal has been allowed for a period beyond 31.03.2017 recognizing that shortfall in supply of coal is a continuous cause of action.
On earlier occasions, relief had been limited to 31.03.2017 necessitating generators to again approach regulatory fora seeking relief. In some cases, generating companies are yet to receive compensation beyond 31.03.2017 despite Hon’ble Supreme Court having allowed the same by way of its Judgment in Energy Watchdog vs. CERC & Ors. in April 2017.
JSA Lawyers Involved: Joint Managing Partner – Amit Kapur, Partner – Vishrov Mukerjee and Associates- Raveena Dhamija and Yashaswi Kant. The matter was argued by Vishrov Mukerjee.
Amit Kapur is a Partner with JSA since 2000. He has anchored the Firm’s Infrastructure practice since 1997 with focus on infrastructure sectors. Having served as Senior Partner of JSA since 01.04.2017. Amit served as the Joint Managing Partner of the Firm between 01.01.2019 and 31.03.2025.