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april 2009

Supreme Court of India · 2009-04-09

WEST BENGAL ELECTRICITY REGULATORY COMM. vs GAJENDRA HALDEA .

Citation / case number
SC 2007/2148
Court
Supreme Court of India
Petitioner
WEST BENGAL ELECTRICITY REGULATORY COMM.
Respondent
GAJENDRA HALDEA .
Author
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 based on specific findings regarding adverse effects on competition. The appeal was allowed, and the Tribunal's directions were set aside, reaffirming the precedent established in Grid Corporation of Orissa Ltd. v. Gajendra Haldea (2008).

WEST BENGAL ELECTRICITY REGULATORY COMM. vs GAJENDRA HALDEA . · Niyam