- 1 - HC-KAR NC: 2025:KHC:47675-DB WA No. 1742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1742 OF 2025 (GM-KEB) BETWEEN: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 KAVERI BHAVAN, KG ROAD, BANGALORE 560009 REPRESENTED BY FINANCIAL ADVISOR, REGULATORY AFFAIRS …APPELLANT (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SHAHBAAZ HUSAIN, ADVOCATE) AND: 1. ULTRATECH CEMENT LIMITED (A COMPANY REGISTERED U/. THE COMPANIES ACT, 1956) B WING, AHURA CENTRE, 2ND FLOOR, MAHAKALI CAVES ROAD, ANDHERI (EAST) MUMBAI 400 093, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE. Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47675-DB WA No. 1742 of 2025 2. KARNATAKA ELECTRICITY REGULATORY COMMISSION (KERC) A REGULATORY BODY ESTABLISHED UNDER SECTION 19 OF THE KARNATAKA ELECTRICITY REFORMS ACT, 1999 HAVING ITS OFFICE AT OFFICE NO. 16 C-1, MILLER TANK BED AREA, VASANTHNAGAR, BENGALURU- 560052 E-MAIL : KERC-KA.NIC.IN REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. PRASHANTH V G, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 22/09/2025, PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.22093/2025 AND CONSEQUENTLY HOLD THAT a) KPTCL IS A NECESSARY PARTY TO THE PROCEEDINGS IN WP NO.22093/2025 AND ETC., THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) The appellant has filed the present appeal impugning an order dated 22.09.2025 passed by the learned Single Judge in Writ - 3 - HC-KAR NC: 2025:KHC:47675-DB WA No. 1742 of 2025 Petition No.22093/2025, whereby the appellant's application for being impleaded in the said writ petition was rejected. 2. The respondent had filed the said writ petition inter alia challenging the Karnataka Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2025 [2025 Regulations] to the limited extent that it was applicable to Wheeling and Banking Agreements. 3. The appellant is a licensee and it claims that it was a necessary party to the said petition. The learned Single Judge rejected the said contention on the ground that the appellant was concerned with the collection of transmission charges, fixed by the Karnataka Electricity Regulatory Commission [KERC]. And, the subject challenge in the writ petition did not involve any question as to the quantum of the transmission charges. Notwithstanding the above, the learned Single Judge has also permitted the appellant to participate in the proceedings as an intervener. Thus, there is no dispute that the appellant would be heard in the said proceedings. 4. It is also not the case of the appellant that there are any disputed questions of facts involved. - 4 - HC-KAR NC: 2025:KHC:47675-DB WA No. 1742 of 2025 5. Sri Dhyan Chinnappa, learned Senior counsel appearing for the appellant summits that if the appellant is not impleaded, it would be precluded from challenging the order passed in the writ petition, if the same is adverse to the petitioner. Clearly, if any order adverse to the appellant is passed, the appellant could not be precluded in filing an appeal against the said order in accordance with law. The apprehension expressed in this regard is unfounded. However, we clarify that in the event the writ petition is concluded in an order adverse to the appellant, the appellant would not be precluded from challenging the same. Learned counsel for the respondent also readily concedes to the said clarification. 6. In view of the above, the present appeal is disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE YKL List No.: 2 Sl No.: 18