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april 2009

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.

West Bengal Electricity Regulatory ... vs Gajendra Haldea & Ors · Niyam