Karnataka High Court directed all national tribunals to adopt electronic filing (e-filing), electronic appearance (e-appearance), and other digital services within the next six months. The order was issued by Justice Suraj Govindaraj in response to a writ petition filed by Solvis Energie India against the Karnataka Electricity Regulatory Commission (KERC).
The petitioner, Solvis Energie India, had applied for the establishment of a 2 MW solar power generation plant after receiving a notice from the Karnataka government inviting tenders for solar power generation through Karnataka Renewable Energy Limited (KREDL).
However, disputes arose when the government revised the tariff rate after executing the power purchase agreement (PPA) due to roadblocks in setting up the plant at a specific location. The tariff rate was eventually revised twice, leading to disagreements between the petitioner and the government regarding the commencement of electricity commissioning.
To resolve the matter, the petitioner approached the KERC seeking redress. Unfortunately, their claim was rejected, prompting them to move the Karnataka High Court. The Court ultimately ruled in favor of the petitioner, stating that the commissioning should begin when the commission certificate is issued.
During the legal proceedings, the respondent authorities argued that the Court could not entertain the matter as an alternate remedy was available before the Appellate Tribunal for Electricity (APTEL). In response, the petitioner contended that although an alternate remedy existed, it was not practical due to the cost and logistics of pursuing the case in Delhi, where APTEL is located.
Furthermore, the Court was informed that the cause of action arose during the COVID-19 pandemic, and at that time, the tribunal was neither operational nor providing e-filing facilities.
Taking these factors into account, the Court ruled that it could not relegate the petitioner to an alternate remedy based on technicalities, especially considering the challenges posed during the pandemic.
As a result, the Court not only allowed the petitioner's claim but also issued a crucial directive to all national tribunals. It ordered them to introduce e-filing, e-appearance, and other electronic services within the next six months to facilitate smoother and more accessible legal proceedings.
The case title: "Solvis Energie India vs. State of Karnataka and Ors."
Website designed, developed and maintained by webexy