Appellate Tribunal for Electricity (APTEL) Disputes

India’s electricity sector is dynamic and highly regulated, with complex disputes often escalating to the Appellate Tribunal for Electricity (APTEL) under the Electricity Act, 2003.

Nature of Disputes before APTEL

Appeals challenging tariff fixation, cost allocation, or surcharge imposition by State or Central Electricity Regulatory Commissions (SERCs/CERC).

Challenges to show-cause notices, penalties, or adverse findings issued by electricity regulators or adjudicating authorities.

Many cases also contest the right to appeal, maintainability, and scope of APTEL’s jurisdiction.

Disputes regarding transmission or distribution licenses, wheeling charges, open access, and power purchase agreements.

Issues involving termination, breach, or interpretation of Power Purchase Agreements (PPAs), non-tariff dues, and related contractual breaches—which, post-recent rulings, may often be referred to arbitration rather than regulatory adjudication, unless they concern core regulatory functions.

Remedies Available

Direct appeal to APTEL against any order of an adjudicating officer, the Central or State Electricity Regulatory Commissions, on facts or law.

Seeking stays/injunctions against enforcement of regulatory orders.

For non-tariff, contractual disputes not touching on regulatory powers, referral to arbitration is being increasingly recognized and supported by APTEL and confirmed by the Supreme Court.

Further appeal on a substantial question of law may be taken before the Supreme Court of India.

Application for review/rectification of orders in appropriate circumstances.

Our Services
With a specialized team for electricity, energy, and regulatory litigation, our firm offers a 360° solution for APTEL proceedings. We combine in-depth industry knowledge, technical legal skills, and client-centric advocacy to protect your commercial and strategic interests in one of India’s most challenging regulatory arenas.

Drafting, filing, and prosecution/defense of appeals before APTEL—including complex factual and legal submissions, expert testimony, and sectoral analysis.

Advising on arbitrability of disputes, preparing for regulatory or contractual arbitrations, and representing clients through amicable and alternative dispute processes.

Our clients include generation and distribution companies, grid operators, renewable energy players, industrial consumers, investors, and industry associations. We tailor our services to each client’s business and regulatory risks.

Handling urgent interim applications, pursuing appellate remedies in the Supreme Court, negotiating with regulatory authorities, and managing parallel civil or contractual proceedings.

Guidance on regulatory compliance, licensing obligations, participation in public hearings, and managing relationships with SERCs, CERC, and other authorities.

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