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april 2009

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.

Central Electricity Regulatory Comm vs Gajendra Haldea & Ors · Niyam