Supreme Court of India Judgements

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Category: Electricity Act

Electricity Act

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.

Apr 24, 2023 sclaw

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…

Electricity Act

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.

Apr 24, 2023 sclaw

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…

Electricity Act

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

Apr 24, 2023 sclaw

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,…

Corporate Electricity Act

Power Purchase Agreement – the finding of the CERC and the learned APTEL is to the effect that Adani Power Mundra Limited 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.

Apr 22, 2023 sclaw

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…

Electricity Act

Section 125 of the Electricity Act, 2003 – Appellate Tribunal for Electricity – As a judicial tribunal, dealing with contracts and bargains, which are entered into by parties with equal bargaining power, APTEL is not expected to casually render findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence. The findings of coercion are therefore, set aside.

Apr 18, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH GUJARAT URJA VIKAS NIGAM LIMITED AND OTHERS — Appellant Vs. RENEW WIND ENERGY (RAJKOT) PRIVATE LIMITED AND OTHERS — Respondent ( Before : Sanjay…

Electricity Act

Long-term Power Purchase Agreements (“PPAs” for short) with Adani Power Maharashtra Limited HELD The CERC as well as the learned APTEL, on the interpretation of Articles 8.3.5 and 8.8.3 of the PPA, have concurrently found that the procurer had delayed the payment by not making the payment within the due date and, as such, GMR was entitled to late payment surcharge – Supreme court find no reason to interfere with the said concurrent findings of fact – Appeal dismissed.

Mar 7, 2023 sclaw

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…

Electricity Act

Electricity Act 2003 – Section 126 – Kerala Electricity Supply Code, 2014 – Regulation 153(15) – Consumers in excess of the connected load/contracted load would amount to unauthorised use of electricity under explanation (b) to Section 126(6) of the Act 2003 – Regulation 153(15) of the Code 2014 is declared to be invalid being inconsistent with the provision of Section 126 of the Act 2003.

Dec 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALA STATE ELECTRICITY BOARD AND OTHERS — Appellant Vs. THOMAS JOSEPH ALIAS THOMAS M. J. AND OTHERS — Respondent ( Before : Dinesh Maheshwari…

Electricity Act

Electricity Act, 2003 – Sections 61, 62 and 63 – Determination of tariff – – The Electricity Act 2003 seeks to distance the State Governments from the determination and regulation of tariff, placing such power completely within the ambit of the Appropriate Commissions

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE TATA POWER COMPANY LIMITED TRANSMISSION — Appellant Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud,…

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