The Appellate Tribunal for Electricity (APTEL) has condoned a 332-day delay in an appeal filed by Abundant Energy Private Limited concerning its 1 MW solar power project in Tarn Taran, Punjab. The Tribunal has allowed the company to pursue the case on merits, subject to payment of Rs. 1.5 lakh as costs.
The order was passed on October 5, 2026, by a bench comprising Officiating Chairperson and Judicial Member. The dispute relates to a 1 MW solar PV project awarded to Abundant Energy under a Request for Proposal issued by the Punjab Electricity Development Authority (PEDA) in December 2014. The company entered into a Power Purchase Agreement (PPA) with Punjab State Power Corporation Limited (PSPCL) on March 31, 2015, at a tariff of Rs. 7.68 per kWh.
The project did not achieve its Scheduled Commercial Operation Date (SCOD) within the stipulated 10-month period. Abundant Energy subsequently approached the Punjab State Electricity Regulatory Commission (PSERC) seeking an extension.
On February 14, 2017, PSERC rejected the extension request and reduced the applicable tariff from Rs. 7.68 per kWh to Rs. 5.39 per kWh.
Abundant Energy later filed a review petition before PSERC. The Commission allowed the review on May 21, 2018, and extended the project’s SCOD to August 23, 2016. PSPCL challenged this review decision before APTEL.
On August 28, 2024, APTEL set aside the review order and restored PSERC’s original order dated February 14, 2017.
Following the restoration, Abundant Energy filed a fresh appeal challenging the original PSERC order. While the period from the 2017 order suggested a delay of 3,020 days, APTEL calculated the relevant delay as 332 days from August 28, 2024, when the cause of action was revived.
PSPCL and other respondents opposed the request for condonation, arguing that internal delays and legal consultations did not constitute sufficient cause under the principles laid down by the Supreme Court.
APTEL, however, observed that it has consistently condoned delays of up to one year in appropriate cases to ensure that litigants, including those located far from the Tribunal, are not denied an opportunity for a statutory hearing on merits. The Tribunal found that the delay was neither deliberate nor contumacious.
Accordingly, APTEL condoned the filing delay and also condoned the refiling delay in IA No. 1596 of 2025. Abundant Energy has been directed to pay Rs. 1.5 lakh as costs to Central Transmission Utility of India Limited (CTUIL) within three weeks. Failure to make the payment will result in automatic rejection of the appeal.
Respondents have been directed to file their replies within four weeks, followed by a rejoinder from Abundant Energy within two weeks. The matter is scheduled for further hearing on November 18, 2026.
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