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

april 2009

Supreme Court of India · 2009-04-09

WEST BENGAL STATE ELECTRICITY BOARD vs GAJENDRA HALDEA .

Citation / case number
SC 2007/2584
Court
Supreme Court of India
Petitioner
WEST BENGAL STATE ELECTRICITY BOARD
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 after determining adverse effects on competition, and reiterated the precedent set in Grid Corporation of Orissa Ltd. v. Gajendra Haldea (2008) regarding the status of the respondent as a person aggrieved. The appeal was allowed, and the Tribunal's directions were set aside.

WEST BENGAL STATE ELECTRICITY BOARD vs GAJENDRA HALDEA . · Niyam