The Appellate Tribunal for Electricity (APTEL) has condoned a significant delay in an appeal filed by Tamil Nadu Power Distribution Corporation Limited (TNPDCL) against the Tamil Nadu Electricity Regulatory Commission (TNERC) and Techno Electric and Engineering Company Limited. The tribunal allowed the appeal to proceed after directing TNPDCL to pay ₹1 lakh in costs to Techno Electric.
The order was passed on August 10, 2026, by a bench comprising Officiating Chairperson Seema Gupta and Judicial Member Virender Bhat. The dispute relates to the tariff payable for electricity generated by Techno Electric’s 111.90 MW wind power capacity in Tamil Nadu.
The matter began after TNPDCL issued a circular in April 2022 capping the Average Power Purchase Cost (APPC) at 75% of the Solar Energy Corporation of India (SECI) bid-discovered tariff of ₹2.69 per unit. Techno Electric challenged the move before TNERC.
On July 9, 2024, TNERC ruled in favour of Techno Electric, holding that the 75% APPC cap could not be calculated using bid-discovered tariffs. It directed TNPDCL to pay the applicable full APPC rate, provided it did not exceed the preferential tariff.
Techno Electric subsequently sought a review concerning the benchmark year for determining the applicable tariff. On January 28, 2025, TNERC allowed the review and clarified that the APPC cap should be determined using the preferential tariff applicable to the corresponding year rather than the project’s commissioning year.
TNPDCL had meanwhile challenged the original TNERC order before APTEL. After the review decision, it filed a clarification petition before TNERC in June 2025 and withdrew its pending APTEL appeal on September 16, 2025, while reserving the right to approach the tribunal again.
However, TNERC dismissed the clarification petition on February 17, 2026, stating that it had become *functus officio*. TNPDCL then returned to APTEL. The resulting delay was calculated at 632 days for the original order and 424 days for the review order.
Techno Electric opposed the request, alleging forum shopping and arguing that the liberty granted by APTEL did not automatically extend the statutory limitation period.
APTEL rejected these arguments, stating that TNPDCL had actively pursued remedies and was not negligent or acting without bona fides. Relying on Supreme Court precedents, the tribunal adopted a liberal and justice-oriented approach to assessing sufficient cause.
The tribunal condoned the delay subject to payment of ₹1 lakh to Techno Electric within two weeks. The main appeal and related stay applications will be heard on September 28, 2026.
