Supreme Court of India · 2009-04-09
Central Electricity Regulatory Comm vs Gajendra Haldea & Ors
- Court
- Supreme Court of India
- Petitioner
- Central Electricity Regulatory Comm
- Respondent
- Gajendra Haldea & Ors
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Appellate Tribunal for Electricity exceeded its jurisdiction under Section 121 of the Electricity Act, 2003 by directing Regulatory Commissions to fix trading margins without proper adjudication. The Court emphasized that only the appropriate Regulatory Commission can invoke Section 60 upon finding adverse effects on competition. The appeal was allowed, reinforcing the precedent set in Grid Corporation of Orissa Ltd. v. Gajendra Haldea, which stated that the respondent was not an aggrieved person under the Act.