On 19.11.2025, a Division Bench of the Karnataka High Court dismissed Karnataka Power Transmission Corporation Ltd. (“KPTCL”)’s Appeal challenging the Ld. Single Judge’s Order qua impleadment in proceedings initiated by UTCL challenging KERC Open Access Regulations, 2025 (“OA Regulations, 2025”).
UTCL filed a Writ Petition challenging the vires of the OA Regulations, 2025, inter alia, on the issue of banking and computation of transmission charges for non-conventional generators. Karnataka Electricity Regulatory Commission (“KERC”) was the sole Respondent to the Writ.
KPTCL filed an impleadment application in the Writ contending that it was the only transmission licensee in the State and any relief sought with respect to computation and payment of transmission charges would have a direct impact on it. Therefore, it is a proper and necessary party to the said proceedings. KPTCL’s impleadment was opposed by UTCL.
Ld. Single Judge, accepting UTCL’s submissions, dismissed KPTCL’s impleadment application, primarily holding that in a challenge to a legislation, the only necessary party is the State / authority who has framed the said legislation and every stakeholder cannot claim to be affected and implead himself as a party respondent.
On the concession made by UTCL, Ld. Single Judge allowed KPTCL to participate in the proceedings as an intervenor (one who is permitted to address arguments in support of one or the other side and nothing more)
The Division Bench upheld Ld. Single Judge’s Order, while re-iterating its findings and also noted that if an adverse Order were to be passed against KPTCL in the Writ, KPTCL would not be precluded from challenging the same. The Order of the Ld. Single Judge (as affirmed by the Ld. Division Bench) reinforces the law regarding impleadment of parties and the draws the important distinction between impleadment and intervention and the rights of parties as an impleador/ intervenor.
JSA’s team comprised of Abhishek Munot (Lead Partner), along with Tushar Nagar (Partner), Prasanth V.G. (Partner), Purvi Shrivastava (Associate), Hitaishi Murthy (Associate) and AyyanaSharanappa (Associate).
Abhishek is a part of Disputes group of JSA and anchors the Regulatory Practice of JSA in Western India. Abhishek handles sector specific commercial litigation, arbitration constitutional & administrative law litigation and regulatory proceedings before statutory authorities, tribunals and courts.