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Delhi

SC asks NTPC, BSES to sort out payment dispute

NTPC told the apex court bench of Justice SS Nijjar and Justice AK Sikri that the power distributor in the national capital was yet to pay its dues, while BSES strongly refuted the claim and said it had complied with the court order and paid Rs 601 crore.

During the hearing, it also emerged that there were discrepancies in the amount that NTPC claimed. The Reliance Group-led BSES has to reply on the matter by Monday.

In the interim, the court asked all the three parties, including the Delhi Electricity Regulatory Commission, to resolve the matter and arrive at a consensus both in terms of the money payable and what has been paid. As NTPC indicated that it will have to regulate power supply, the court said that it cannot resort to a shut-down.

Earlier too, NTPC had threatened to block supplies to BSES. The private distributor supplies power to a significant part of the national capital through both its entities, BSES Yamuna and BSES Rajdhani.

‘This is not the right attitude to take,’ the bench had told NTPC counsel. ‘We have to look after the people of Delhi. The consumer should not suffer,’ it added.

During the hearing on Thursday, counsel for DERC said that the Delhi government last year had asked it to cancel licences given to BSES Yamuna and Rajdhani. However, the regulator refrained from taking any coercive action.

Seeking a modification in the earlier court order, senior counsel KK Venugopal, who appeared for NTPC, told the court that dues were pending since 1 January, 2014, billing cycle and BSES had not paid a penny. This was countered strongly by senior counsel Mukul Rohtagi, who appeared for BSES.

‘It is incorrect to say we have not paid,’ he said, adding that his client was also burdened by the fact that the government of Delhi owed BSES Rajdhani and BSES Yamuna more than Rs.15,000 crore in dues.

NTPC counsel assured that the company will not discontinue power supplies to BSES, but regulate it. Observers believe this could lead to power cuts amid soaring temperatures.

The bench directed the matter to be listed for Tuesday, 6 May. Meanwhile, it asked the Delhi government and DERC to furnish their responses to the affidavit filed by BSES.
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