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april 2009

Supreme Court of India · 2009-04-09

West Bengal State Electricity Board vs Gajendra Haldea & Ors

Citation / case number
AIR 2009 SC (SUPP) 2848
Court
Supreme Court of India
Petitioner
West Bengal State Electricity Board
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 authority to direct Regulatory Commissions to fix trading margins, which the appellant argued was beyond the Tribunal's powers as it involved tariff determination. The Court held that the Tribunal's invocation of Sections 60 and 66 was inappropriate without proper adjudication, emphasizing that only the appropriate Regulatory Commission could act under Section 60 based on specific findings. The Court reaffirmed the precedent set in Grid Corporation of Orissa Ltd. v. Gajendra Haldea, ruling that the respondent was not an aggrieved person under the Act, thus allowing the appeal.

West Bengal State Electricity Board vs Gajendra Haldea & Ors · Niyam