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.