Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2009

Supreme Court of India · 2009-04-09

CESC LTD. vs GAJENDRA HALDEA .

Citation / case number
SC 2007/2583
Court
Supreme Court of India
Petitioner
CESC LTD.
Respondent
GAJENDRA HALDEA .
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed an appeal under Section 125 of the Electricity Act, 2003, challenging the Appellate Tribunal's direction to Regulatory Commissions to fix trading margins despite the Tribunal's acknowledgment of its lack of power to determine tariffs. The Court held that the Tribunal's actions were based on assumptions without proper adjudication as required under Section 60 of the Act, and emphasized that only the appropriate Regulatory Commission could invoke such provisions. The appeal was allowed, reaffirming 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.

CESC LTD. vs GAJENDRA HALDEA . · Niyam