SC to hear BSES plea against tribunal order Feb 9

The Supreme Court Friday said it would hear Monday a BSES Rajdhani and Yamuna plea challenging a Central Electricity Appellate Tribunal order upholding adjustment by the Delhi government of pre-2014 outstanding dues of the power generating and transmission companies against the subsidies payable to Reliance discoms.

The apex court bench of justices Kurian Joseph and R.K. Agrawal said they would take up the matter next week after Delhi government counsel Syed Wasim Ahmed Qadri told the court that a related matter was being heard by another bench of the court.

As the court took up the BSES plea challenging the tribunal order, the discoms counsel told the court that they have to get Rs.20,000 crore from the government and state-owned power generation and distribution companies were insisting on the payment of their dues.

BSES Rajdhani and Yamuna have assailed the tribunal's May 23, 2014 order contending that the tribunal had wrongly observed that the "amount of government subsidy and UI (Unscheduled Interchange) amounts credited to the applicants (generating and transmission companies) have been correctly adjusted only against the outstanding dues but not against the current dues from January to March 2014 as per the directions of the NCT".

Upholding the action of the Delhi government in adjusting the subsidies against the outstanding dues of the period prior to Jan 1, 2014, the tribunal had directed the BSES to make payment to Indraprastha Power Generation Company Limited, Pragati Power Company Limited and Delhi Transco Limited for the current dues for the billing period from Jan 1, 2014 in pursuance to the March 26, 2014 directions of the apex court.

The Reliance-owned power distribution companies have contended that the tribunal order came after it considered the question whether the subsidy amount sanctioned by the Delhi government that is to be paid to the discoms could be adjusted towards the outstanding dues of power generation and transmission companies prior to Jan 1, 2014 or the same could be adjusted towards the current dues for the billing period after Jan 1, 2014.

Reliance discom contended that the tribunal failed to consider that the issue of the payment of current and outstanding dues of the state and central power generations and transmission companies including the amortisation of its regulatory assets was pending before the apex court.