JSA Advocates & Solicitors (JSA) successfully represented Ganeko One Energy Pvt. Ltd. ("Ganeko One") and Ganeko Two Energy Pvt. Ltd. ("Ganeko Two"),SPVs owned by Resolven (formerly, Zelestra India), before the Central Electricity Regulatory Commission ("CERC") in a significant matter concerning revocation of connectivity.
The Central Electricity Regulatory Commission ("CERC"), by its final Order dated 04.05.2026 in Petition No. 728/MP/2025, allowed the Petition filed by Ganeko One and Ganeko Two and set aside the revocation notices issued by the Central Transmission Utility of India Ltd. ("CTUIL") seeking revocation of the 300 MW connectivity granted to each of Ganeko One and Ganeko Two at Mandsaur PS and Solapur PS, respectively.
By way of its Order, CERC, inter alia:
(a) Set aside the revocation notices issued by CTUIL against Ganeko One and Ganeko Two with respect to the connectivity granted to them under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 ("GNA Regulations").
(b) Allowed Ganeko One and Ganeko Two to retain their respective connectivity, subject to payment of penalties stipulated in the Order.
(c) Exercised its "Power to Relax" and "Power to Remove Difficulty", under Regulations 41 and 42 of the GNA Regulations taking into account the significant investments and substantial progress achieved by Ganeko One and Ganeko Two towards implementation of their respective projects.
(d) Took note of CTUIL's findings that the actions of Ganeko One and Ganeko Two did not constitute any 'fraud' or 'transgression' under the applicable CTU Procedure for Inquiry.
The Order is significant since:
(a) CERC, despite taking cognisance of inadvertent procedural and regulatory lapses, recognised the substantial investments and implementation progress achieved by Ganeko One and Ganeko Two and balanced the same against the underlying objective of optimal utilisation of transmission infrastructure.
(b) It recognises, in effect that regulatory consequences under the GNA Regulations must remain proportionate to the nature of the default, particularly in cases where there is no finding of fraud, mala fide conduct or unfair advantage.
The JSA team was led by Amit Kapur, Partner, and Akshat Jain, Partner, with support from Sayan Ghosh, Associate.