02 Sep 2024


Trilegal successfully represented UPPCL and state-owned distribution licensees in the State of Uttar Pradesh in an appeal filed by it before the Appellate Tribunal for Electricity. UPPCL appealed against an order of UPERC which held that UPPCL was obligated to provide 100% banking facility to renewable energy captive generating plants in the State of Uttar Pradesh despite UPERC’s own regulations stipulating to the contrary, i.e., that quantum of banking would be subject to agreement between the developer and distribution licensee.
Trilegal strategised the matter right from the advisory stage, drafted pleadings and conducted the hearing on behalf of UPPCL.
This judgment of the Appellate Tribunal for Electricity lays down an important precedent with respect sanctity of regulations, banking of electricity, judicial propreity and the inter-play between the multifaceted functions performed by electricity regulatory commissions in their roles as an adjudicatory forum as well as a delegate of the legislature. As a consequence, distribution licensees have been safeguarded from adverse financial implications arising out of the burden of providing energy banking facility to commercial and industrial scale consumers who own captive and intermittent sources of electricity, at the cost of the general public and consumers at large in the State of Uttar Pradesh. Also, as a consequence, unrestricted banking of electricity, which could have led to enabling greenwashing due to the exchange of intermittent renewable energy with stable conventional energy, has also been avoided.
The Trilegal Dispute Resolution Team was led by our Partner: Shankh Sengupta and comprised attorneys Abhishek Kumar; Counsel, Nived Veerapaneni, Senior Associate; ans Shubham Mudgil, Associate.
About Trilegal
Trilegal is one of India’s leading law firms, with expertise across the full spectrum of corporate legal services. Trilegal has offices in four key cities of India.
Trilegal has been recognised as the India Deal Firm of the Year by Asian Legal Business (ALB) India Law Awards 2023; one of the ‘Best Overall Law Firms’ at the India Business Law Journal Indian Law Firm Awards 2022; ‘Firm of the year’ for Client Service Excellence by Asia Law Awards 2021; “M&A Law firm of the Year” by VCCircle Awards 2020 one of the most innovative law firms in Asia in the inaugural edition of ALB Trailblazers 2020; and ‘highly commended’ in the FT RSG Innovative Lawyers Awards 2020.
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Anoop Siddak Singh Tuli
Mob: +91-9535377422 | BD@trilegal.com
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