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Section 125: Appeal to Supreme Court

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 124 All 185 Sections of Electricity Act Section 126

Legal Commentary & Landmark Judgments: Section 125

Section 125 of the Electricity Act, 2003 provides for an appeal to the Supreme Court of India against any order of the Appellate Tribunal for Electricity, within sixty days, strictly on any substantial question of law arising out of such order.

  • Direct Statutory Appeal to the Supreme Court: Provides a direct statutory appellate channel from APTEL to the Supreme Court of India, bypassing High Courts entirely.
  • Strict Substantial Question of Law Threshold: Restricts appeals strictly to substantial questions of law; prohibits the Supreme Court from re-opening concurrent findings of technical fact or utility accounting balances.
  • Sixty-Day Limitation Window with Condonation: Prescribes a sixty-day limitation period running from the date of communication of the order, with discretionary condonation of delay up to a further sixty days.
Key Landmark Precedents:
  • Energy Watchdog v. CERC (2017) 14 SCC 80: Supreme Court exercised Section 125 appellate jurisdiction to lay down the definitive national jurisprudence on force majeure, change in law, and regulatory tariff interventions in competitively bid PPAs.
  • Gujarat Urja Vikas Nigam Ltd. v. EMCO Ltd. (2016) 11 SCC 182: Supreme Court held that under Section 125, the Court will not interfere with concurrent findings of fact unless the Tribunal's decision is perverse, arbitrary, or contrary to the express text of the statute.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Constitution Bench affirmed that Section 125 provides a high constitutional forum to settle recurring substantial legal questions governing national energy policy.
Courtroom Practice & Strategic Litigation Guidance:

In drafting a Section 125 Civil Appeal before the Supreme Court, formulate precise 'Substantial Questions of Law' in the opening section of the memo of appeal; appeals that merely contest technical calculations or factual findings will be dismissed in limine.

Section 124 All 185 Sections of Electricity Act Section 126