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.