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april 2009

Supreme Court of India · 2009-04-09

Cesc Ltd vs Gajendra Haldea & Ors

Court
Supreme Court of India
Petitioner
Cesc Ltd
Respondent
Gajendra Haldea & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the appeal under Section 125 of the Electricity Act, 2003, challenging the Appellate Tribunal's direction to Regulatory Commissions regarding tariff determination. The Court held that the Tribunal overstepped its authority by invoking Sections 60 and 66 without proper adjudication, emphasizing that only the appropriate Regulatory Commission can act under Section 60 based on specific findings. The Court reaffirmed its previous ruling in Grid Corporation of Orissa Ltd. v. Gajendra Haldea, stating that the respondent was not an aggrieved person under the Act, thus allowing the appeal and setting aside the Tribunal's order.

Cesc Ltd vs Gajendra Haldea & Ors · Niyam