Category: Electricity Act

Electricity Act, 2003 – Section 86(1)(a) read with Section 62 – Recovery of deductions of monthly tariff – Dispute inter se the parties is in the nature of a contractual dispute – Normally, costs must go with the succeeding party in case of a contractual dispute – This is more so where one party repeatedly seeks to evade the rigors of the orders

SUPREME COURT OF INDIA FULL BENCH NABHA POWER LIMITED — Appellant Vs. PUNJAB STATE POWER CORPORATION LIMITED — Respondent ( Before : Sanjay Kishan Kaul, Sudhanshu Dhulia and Aravind Kumar,…

Revised agreement – Reduction to 10000 KVA from 23000 KVA – Appellant neither sought for nor consumed the electricity more than the maximum demand of 10000 KVA – This Court directs the Respondent to return the amount as may be calculated and verified, paid by the Appellant to it for 13000 KVA, in excess to its request of maximum sanctioned demand of 10000 KVA (23000-10000 = 13000 KVA)

SUPREME COURT OF INDIA FULL BENCH THE MADRAS ALUMINIUM CO. LTD. — Appellant Vs. THE TAMIL NADU ELECTRICITY BOARD AND ANOTHER — Respondent ( Before : B.R. Gavai, Sanjay Karol…

Power Project Agreement – Railway transportation cost – Change in Law – Cost of saving in the railway transportation on account of ‘Change in Law’ needs to be worked out and passed on to the appropriate DISCOMS, which can further be passed on to the consumers – CERC, which is a body of experts, is best suited to do so –

SUPREME COURT OF INDIA DIVISION BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER — Respondent ( Before : B.R. Gavai…

Power Purchase Agreement – Adani Power Mundra Limited – the finding of the CERC and the learned APTEL is to the effect that AP(M)L would not be entitled to any benefit of Change in Law beyond 70% of the installed capacity i.e. 1386 MW – Findings cannot be said to not be based on the material on record, or based on extraneous considerations.

SUPREME COURT OF INDIA DIVISION BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai…

Power Project Agreement – Compensation on account of ‘Change in Law’ – What has been granted under the said methodology is the additional cost of transport which APML would be required to incur for transporting the coal from other locations on account of deallocation of Lohara Coal Blocks – No reason to interfere with the said finding with regard to methodology of arriving at the compensation payable on account of ‘Change in Law’ event.

SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED — Appellant Vs. ADANI POWER MAHARASHTRA LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram…

Power Purchase Agreement – When the PPA itself provides a mechanism for payment of compensation on the ground of ‘Change in Law’, unwarranted litigation, which wastes the time of the Court as well as adds to the ultimate cost of electricity consumed by the end consumer, ought to be avoided

SUPREME COURT OF INDIA DIVISION BENCH GMR WARORA ENERGY LIMITED — Appellant Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION (CERC) AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram Nath,…

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