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The Appellate Tribunal for Electricity delivered an order in a case involving Orange Bercha Wind Power Limited. The company had filed an appeal against an earlier order dated April 19, 2017, issued by the Madhya Pradesh Electricity Regulatory Commission (MPERC). The case relates to a 50 MW wind power project and disputes over the tariff applicable based on the project’s commissioning date.
Initially, the Tribunal had allowed the appeal on February 10, 2025, ruling that the project was commissioned within the control period ending on March 31, 2016. As a result, the company was entitled to a tariff of ₹5.92 per unit of electricity supplied to the grid. However, in that judgment, the Tribunal mistakenly stated that the payment should be made by Respondent No. 2, Madhya Pradesh Power Transmission Company Limited (MPPTCL).
Orange Bercha Wind Power filed an Interlocutory Application, seeking rectification of this typographical error. They pointed out that the correct entity responsible for making payments, as per the Power Purchase Agreement (PPA), was Respondent No. 4, Madhya Pradesh Power Management Company Limited (MPPMCL). The Tribunal reviewed the original judgment and found that it had indeed inadvertently assigned the payment responsibility to the wrong respondent.
The Tribunal acknowledged that such a mistake was purely clerical and did not reflect the true intention of its judgment. It noted that the core dispute was about the applicable tariff, and that MPPMCL was the correct party obligated to pay for the power supplied. The Appellate Tribunal also emphasized that it has the authority to rectify typographical errors in its orders to prevent any confusion or miscarriage of justice, even without a formal application.
Although MPPMCL opposed the correction, stating that they had already challenged the judgment in the Supreme Court, the Tribunal clarified that correcting a clerical error does not change the substance of the judgment and does not constitute a review. It referred to other cases where similar corrections were allowed.
In its final decision, the Tribunal approved the correction. It ordered that “Respondent No. 2” in the relevant paragraph of the original judgment be replaced with “Respondent No. 4.” It also corrected another error where the PPA was incorrectly stated to be with Respondent No. 3 instead of Respondent No. 4. The rectified order now clearly states that MPPMCL must pay ₹5.92 per unit along with carrying cost at the Late Payment Surcharge (LPS) rate, within three months from the date of the judgment.
With these corrections, the Tribunal disposed of the application, reaffirming the entitlement of Orange Bercha Wind Power Limited to the tariff and ensuring the correct implementation of its decision.
