[2025:RJ-JP:45835-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 721/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur 302005 2. Jodhpur Discom Through Its Managing Director, Having Its Registered Office Located At New Power House, Heavy Industrial Area, Jodhpur 342003 ----Appellants Versus 1. Hil Limited, (Formerly Known As Hyderabad Industries Ltd.) Having Its Registered Office Located At Sln Terminus, 7Th Floor, Beside Botanical Gardens, Gachibowli, Hyderabad-500032, Telangana Through Its Authorized Representative Mr. Kamal Arora. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Govt. Of Rajasthan, Secretariat, Jaipur. ----Respondents Connected With D.B. Special Appeal Writ No. 689/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur 302005. 2. Ajmer Discom Through Its Managing Director, Having Its Registered Office Located At Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer-305004 ----Appellants Versus 1. Dhanuka Agritech Limited, Having Its Registered Office Located At 82, Abhinash Mansion, Joshi Road, Karol Bagh, New Delhi 110005 Through Its Authorized Representative Mr. Pankaj Bansal, Manager Accounts And Finance. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan Through Its Energy Secretary, [2025:RJ-JP:45835-DB] (2 of 9) [SAW-721/2023] Govt. Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 690/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur 302005. 2. Ajmer Discom Through Its Managing Director, Having Its Registered Office Located At Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer-305004 ----Appellants Versus 1. Hero Corporate Service Private Limited, Having Its Registered Office Located At E-1, Qutub Hotel Complex, Shaheed Jeet Singh Marg, New Delhi-110016, Through Its Authorized Representative Manoj Bharija, Company Secretary 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Govenrment Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 691/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur- 302005 2. Ajmer Discom, Through Its Managing Director Having Its Registered Office Located At Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer- 305004. ----Appellants Versus 1. Tarini Minerals (P) Ltd., Having Its Registered Office Located At A/6, Commercial Estate, Civil Township, Rourkela-769004, Odisha, Through Its Authorized Representative, Mr. Anupam Banerjee, Senior Associate. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman Sahakar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary [2025:RJ-JP:45835-DB] (3 of 9) [SAW-721/2023] Government Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 692/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur 302005. 2. Jaipur Discom Through Its Managing Director, Having Its Registered Office Located At Vidyut Bhawan, Jyoti Nagar, Jaipur-302005. ----Appellants Versus 1. Bhole Baba Milk Food Industries (Dholpur) Pvt. Ltd., (Formerly Known As Bhole Baba Buildco Pvt. Ltd.) Having Its Registered Office Located At 7/52-D, Nagla Jawahar, Bye Pass Road, Agra- 282002 Through Its Authorized Representative Mr. Ankit Jain. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 694/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur- 302005 2. Ajmer Discom, Through Its Managing Director Having Its Registered Office Located At Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer- 305004. ----Appellants Versus 1. Kanodia Technoplast (P) Limited, Having Its Registered Office Located At A/54, Wazirpur Industrial Area, New Delhi-110052, Through Its Authorized Representative Mr. Umesh Kataria, G.m. (Account). 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary [2025:RJ-JP:45835-DB] (4 of 9) [SAW-721/2023] Government Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 695/2023 1. Rajasthan Urja Vikash Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005. 2. Jodhpur Discom, Through Its Managing Director Having Its Registered Office Located At New Power House, Heavy Industrial Area, Jodhpur-342003 ----Appellants Versus 1. Avon Cycles Limited, Having Its Registered Office Located At Gt Road, Ludhiana-141003 Through Its Authorized Representative Mr. Bhupender Singh Dhiman, Executive President. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 696/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005. 2. Ajmer Discom, Through Its Managing Director Having Its Registered Office Located At Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer-305004. ----Appellants Versus 1. Avon Cycles Limited, Having Its Registered Office Located At Gt Road, Ludhiana-141003 Through Its Authorized Representative Mr. Bhupender Singh Dhiman, Executive President. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Government Of Rajasthan, Secretariat, Jaipur. [2025:RJ-JP:45835-DB] (5 of 9) [SAW-721/2023] ----Respondents D.B. Special Appeal Writ No. 705/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005. 2. Jodhpur Discom, Through Its Managing Director Having Its Registered Office Located At New Power House, Heavy Industrial Area, Jodhpur-342003. ----Appellants Versus 1. Altrade Minerals Pvt. Ltd., Having Is Registered Office Located At A/6, Commercial Estate, Civil Township, Rourkela- Odisha. 769004, Through Its Authorized Representative, Mr. Anupam Banerjee, Senior Associate. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 723/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005. 2. Jodhpur Discom, Through Its Managing Director Having Its Registered Office Located At New Power House, Heavy Industrial Area, Jodhpur-342003. ----Appellants Versus 1. Bsbk Engineers Pvt. Ltd., Having Its Registered Office Located At Bsbk House, C-450-451, Sector-10, Noida- 201301 (Up) Through Its Authorized Representative Mr. Satendra Pal Singh, Assistant General Manager. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents [2025:RJ-JP:45835-DB] (6 of 9) [SAW-721/2023] D.B. Special Appeal Writ No. 949/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005 2. Jaipur Discom Through Its Managing Director, Having Its Registered Office Located At Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur 302005 ----Appellants Versus 1. M/s Indrani Patnaik, Having Its Registered Office Located At A/6, Commercial Estate, Civil Township, Rourkela -769004, Odisha Through Its Authorized Representative Mr. Anupam Banerjee, Senior Associate. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Special Appeal Writ No. 693/2023 1. Rajasthan Urja Vikas Nigam Limited, Through Its Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur-302005 2. Jodhpur Discom Through Its Managing Director, Having Its Registered Office Located At New Power House, Heavy Industrial Area, Jodhpur-342003. ----Appellants Versus 1. Chetak Tiles Private Limited having its registered office located at E-52. New RIICO Industrial Area, Chittorgarh- 312001 through its authorized representative Mr. Krishan Gopal Pungalia. 2. The Rajasthan Electricity Regulatory Commission, Through Its Chairman, Sahkar Marg, Jaipur. 3. The State Of Rajasthan, Through Its Energy Secretary, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents [2025:RJ-JP:45835-DB] (7 of 9) [SAW-721/2023] For Appellant(s) : Ms. Parinitoo Jain with Mr. Pratyush Mahavar, Adv. For Respondent(s) : HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 14/11/2025 1. Defects pointed out by the Registry in SAW No.693/2023 are waived. 2. Application No.278/2023 in SAW No.693/2023 has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal. 3. For the grounds mentioned in the application filed under Section 5 of Limitation Act, delay is condoned. 4. Application filed under Section 5 of Limitation Act is accordingly, allowed. 5. The challenge before us is against the order dated 05.02.2018 passed by learned Single Judge in writ petitions and the orders passed in review petitions, whereby the learned Single Judge accepted the terms of the appellants M/s (messrs) in paying the outstanding late payment surcharge (hereinafter called as ‘LPS’) to the concerned Generating Companies who namely are the respondents herein and directed that the amount may be paid as suggested by the appellants themselves. However, it was directed that the delay in payment of the 50% of amount by one year would carry further burden of interest. Aggrieved thereof, the appellants have filed these present petitions. [2025:RJ-JP:45835-DB] (8 of 9) [SAW-721/2023] 6. Learned counsel appearing for the appellants submits that the 50% of LPS itself is an interest amount and therefore no further interest was required to be paid on the said late payment of LPS by one year. 7. Learned counsel submits that neither there is any provision under the Tariff Act to pay interest on the LPS amount nor there was any such conditions in the PPA. Learned Single Judge has therefore gone beyond the provisions to grant further interest on the one year delay in payment of 50% of LPS. 8. The LPS, as the name suggests, is the late payment surcharge. The surcharge is at the rate of 1.25% per month on a daily basis to be paid by the Discom. It is an admitted position that the amount was not paid since long and at the request of the appellants themselves, the learned Single Judge granted them further one-year time. In terms of the PPA, therefore, the further directions of further burden of interest actually mean on the 50% of late payment surcharge and therefore, on the day when the LPS of 50% is paid, the entire LPS as on that day will have to be calculated and paid. If there is no case of additional interest being directed by the Court, the order has to be understood in that manner and therefore, the appellants cannot get away from their own terms and conditions and it is the LPS till the date of payment that has to be calculated. We therefore, dismissed the present special appeals writ. 9. For further delay, of course, general consumer ought not to be burdened with the payment of the excess amount. If at all, the [2025:RJ-JP:45835-DB] (9 of 9) [SAW-721/2023] same, should be recovered from the officers who are responsible for the delay, day to day. 10. All pending application(s) stands disposed of. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ HEENA/01-11 & 177