In the matter of the DERC Comprehensive (Code of Conduct) Regulations by the Commission – EQ

Summary:

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## 1. Procedural Background

### 1.1 Legal Framework

The Review Petition has been filed invoking the following provisions:

| Provision | Description |
|———–|————-|
| **Section 94 of the Electricity Act, 2003** | Empowers the Appropriate Commission to review its own orders |
| **Regulation 7(iv) of DERC Code of Conduct Regulations, 2001** | Provisions related to review proceedings |
| **Regulation 57 of DERC Code of Conduct Regulations, 2001** | Additional procedural framework for review |

### 1.2 Order Under Review

| Parameter | Details |
|———–|———|
| **Original Petition** | Petition No. 03/2022 |
| **Order Date** | July 19, 2024 |
| **Subject** | Matters between GNCTD and BRPL (specific details not provided in this ROP) |

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## 2. Hearing Details

### 2.1 Appearances

| Representative | Party | Role |
|—————-|——-|——|
| Ms. Swapna Seshadri | GNCTD | Learned Counsel |
| Ms. Harsha V. Rao | GNCTD | Learned Counsel |
| Ms. Aishwarya Subramani | GNCTD | Learned Counsel |
| Mr. Amit Kapur | BRPL | Learned Senior Counsel |
| Mr. Rahul Kinra | BRPL | Learned Counsel |
| Mr. Aditya Ajay | BRPL | Learned Counsel |
| Mr. Adamya Ojha | BRPL | Learned Counsel |
| Ms. Mahima Kaur | BRPL | Learned Counsel |
| Mr. Anupam Varma | BRPL | Learned Counsel |

### 2.2 Hearing Proceedings

The hearing was conducted on February 10, 2026, with both parties being heard at length. The Commission heard:

– **Learned Senior Counsel for the Respondent** (BRPL)
– **Learned Counsel for the Petitioner** (GNCTD)

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## 3. Key Issues and Commission’s Observations

### 3.1 Condonation of Delay

| Issue | Status |
|——-|——–|
| **Application for Condonation of Delay** | Filed by Petitioner (GNCTD) |
| **Current Status** | Order Reserved |
| **Next Steps** | To be decided after considering Respondent’s synopsis |

### 3.2 Commission’s Observations on Review Power

The Commission made the following key observations regarding the nature of review jurisdiction:

| Observation | Detail |
|————-|——–|
| **Nature of Review Power** | Curative in nature |
| **Guiding Principle** | Should be exercised keeping in view all necessary parameters for removal of errors sought in the Review Petition |
| **Public Interest Consideration** | Substantial public interest involved in the present Review Petition which cannot be disregarded |

### 3.3 Relevance of External Proceedings

The Commission took note of:

| Development | Relevance |
|————-|———–|
| **Proceedings before Hon’ble Supreme Court of India** | Relevant for consideration of the matter (specific details not provided) |
| **Proceedings before Hon’ble APTEL** | Relevant for consideration of the matter (specific details not provided) |

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## 4. Procedural Directions

### 4.1 Directions to Respondent (BRPL)

| Direction | Detail |
|———–|——–|
| **Action Required** | File brief synopsis in response to compilation of judgments relied upon by the Petitioner |
| **Deadline** | On or before Monday, February 16, 2026 |
| **Purpose** | To assist Commission in deciding the Application for Condonation of Delay |

### 4.2 Matters Reserved

| Reserved Matter | Current Status |
|—————–|—————-|
| **Order on Application for Condonation of Delay** | Reserved by the Commission |
| **Decision Timeline** | To be pronounced after considering Respondent’s synopsis |

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## 5. Summary of Key Determinations

| S. No. | Issue | Determination |
|——–|——-|—————|
| 1. | Hearing of both parties | Completed on February 10, 2026 |
| 2. | Public interest involvement | Acknowledged by Commission |
| 3. | Relevance of Supreme Court/APTEL proceedings | Noted for consideration |
| 4. | Respondent’s synopsis | To be filed by February 16, 2026 |
| 5. | Condonation of Delay Application | Order reserved |
| 6. | Review Petition merits | To be decided after delay condonation order |

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