Tata Power Delhi Distribution Limited vs Delhi Electricity Regulatory ... on 18 May, 2026
22. Supreme court in T. Takano vs. SEBI (supra) has referred to above
paragraphs of Kothari Filament (supra) judgement and has reiterated the principle
that an aggrieved party possesses a right to disclosure of material relevant to the
proceedings initiated against it. In the present case, though the Auditor's
report/observation appears to be based on the financial statements and other
details provided by the Appellant, however the basis/ details for arriving at the
conclusion that disallowed amount of Rs 17.43 Crore is covered in the Normative
O&M charges is not disclosed to the Appellant and accordingly we are of the
considered view that ratio laid down in the aforesaid judgments squarely applies
to the facts of the present case insofar as the requirement of disclosure of relevant
material to the affected party is concerned. The failure to disclose the relevant
material forming the basis of the disallowance has resulted in denial of an
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Judgement in Appeal Nos. 213 of 2018
effective opportunity to the Appellant to rebut, explain, or controvert the findings
recorded by the Auditor.