Supreme Court of India · 2009-04-09
West Bengal Electricity Regulatory ... vs Gajendra Haldea & Ors
- Citation / case number
- AIRONLINE 2009 SC 190
- Court
- Supreme Court of India
- Petitioner
- West Bengal Electricity Regulatory ...
- 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 emphasized that the Tribunal's actions were based on assumptions without proper adjudication under Section 60 of the Act, and reiterated the precedent set in Grid Corporation of Orissa Ltd. v. Gajendra Haldea, asserting that the respondent was not an aggrieved person under the Act. Consequently, the Court held that the Tribunal exceeded its jurisdiction, leading to the appeal being allowed.