APTEL Orders Interest on Refund in Solar Delay Case, Limits Scope of Review Petition

Representational image. Credit: Canva

The Appellate Tribunal for Electricity (APTEL) has delivered an important ruling in a review petition filed by M/s Solaire Surya Urja Private Limited in connection with its solar power projects in Rajasthan. The case involved a dispute with NTPC Limited over liquidated damages imposed due to delays in project completion.

The company, acting as a Special Purpose Vehicle, had been awarded two solar projects of 70 MW each. These projects were originally scheduled to be commissioned by June 1, 2017. However, the timelines could not be met because the State Transmission Utility, Rajasthan Rajya Vidyut Prasaran Nigam Limited (RRVPNL), failed to provide the required transmission infrastructure for power evacuation. Due to this delay, NTPC encashed the company’s performance bank guarantees on September 28, 2018, recovering around INR 7.6 crore as liquidated damages.

Earlier, in its judgment dated February 10, 2025, the Tribunal had ruled in favor of the developer. It clearly stated that a power developer cannot be held responsible for delays caused by external factors such as the absence of transmission facilities. The Tribunal had also ordered NTPC to refund the liquidated damages collected from the company.

Following this, the developer filed a review petition, arguing that two important aspects were not considered in the earlier judgment. These included the payment of carrying costs, which refers to interest on the withheld amount, and compensation for generation losses amounting to nearly INR 16 crore.

The Tribunal examined both claims carefully. On the issue of generation loss, it refused to grant relief. The Bench noted that this argument was not raised during the original appeal proceedings. It emphasized that a review petition cannot be used to introduce new claims that were not presented earlier. The Tribunal reiterated that a review is limited in scope and cannot act as a fresh appeal to reargue the case.

However, the Tribunal accepted the developer’s claim regarding carrying costs. It was observed that NTPC had retained the developer’s money for several years and had therefore benefited unfairly. Referring to legal principles and past rulings of the Supreme Court, the Tribunal stated that when a party is deprived of its funds, it is entitled to interest as a matter of fairness and restitution.

The Bench also acknowledged that the omission of interest in its earlier order was an error that needed correction. As a result, it modified its previous judgment and directed NTPC to refund the INR 7.6 crore along with interest.

The interest will be calculated based on the State Bank of India’s Prime Lending Rate and will apply from the date of encashment in September 2018 until the final payment is made.

This ruling highlights that while procedural lapses may limit certain claims, the fundamental principle of financial fairness and restitution remains protected under the law.


Subscribe to get the latest posts sent to your email.

 

  • Related Posts

    India Daily: Andaman & Nicobar Tenders 20 MWh BESS, NLC–OREDA Form Green JV, UPCL Tenders BESS, BERC Reviews 70 MW LTA, REC Transfers Luhri SPV, BERC Reviews OA Charges

    The Andaman and Nicobar administration has invited bids for a 20 MWh grid-connected Battery Energy Storage System (BESS) at Dollygunj, Port Blair. The project is aimed at strengthening grid stability…

    Yellow Door Energy, Nedbank CIB Reach Financial Close on 49 MWp Lion Thorn Solar Park in South Africa

    Yellow Door Energy and Nedbank Corporate and Investment Banking (Nedbank CIB) have achieved financial close for the 49 MWp Lion Thorn Solar Park in Leeudoringstad, North West, South Africa, paving…

    Have You Seen?

    UN Warns Global Warming Will Top 1.5C Within Years

    • September 2, 2026
    UN Warns Global Warming Will Top 1.5C Within Years

    Pakistan Rejects Costly LNG Cargo as Blackout Risk Deepens

    • September 2, 2026
    Pakistan Rejects Costly LNG Cargo as Blackout Risk Deepens

    Diesel Cracks Hit Record Highs as Global Fuel Squeeze Deepens

    • September 2, 2026
    Diesel Cracks Hit Record Highs as Global Fuel Squeeze Deepens

    Qatar and UAE Turn to Rare LNG Ship Transfers as Hormuz Crisis Drags On

    • September 2, 2026
    Qatar and UAE Turn to Rare LNG Ship Transfers as Hormuz Crisis Drags On

    Kazakhstan to Double Oil Refining Capacity by 2040

    • September 2, 2026
    Kazakhstan to Double Oil Refining Capacity by 2040

    India Boosts Far East Russian Oil Imports as War Upends Trade Routes

    • September 2, 2026
    India Boosts Far East Russian Oil Imports as War Upends Trade Routes

    Ryanair Warns Some Airlines Could Struggle with Jet Fuel Price Spike

    • September 2, 2026
    Ryanair Warns Some Airlines Could Struggle with Jet Fuel Price Spike

    AI Could Unlock $230B for Oil, Gas, OFSE Cos, McKinsey Says

    • September 2, 2026
    AI Could Unlock $230B for Oil, Gas, OFSE Cos, McKinsey Says

    Galactic Energy joins reusable rocket race

    • September 2, 2026
    Galactic Energy joins reusable rocket race

    Galactic Energy joins reusable rocket race

    • September 2, 2026
    Galactic Energy joins reusable rocket race