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april 2009

Supreme Court of India · 2009-04-09

PTC INDIA LIMITED vs GAJENDRA HALDEA .

Citation / case number
SC 2007/734
Court
Supreme Court of India
Petitioner
PTC INDIA LIMITED
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 the Tribunal cannot determine tariffs based on assumptions and must adhere to the provisions of Section 60, which requires specific findings regarding adverse effects on competition. The appeal was allowed, and the Tribunal's directions were set aside, reaffirming the principles established in Grid Corporation of Orissa Ltd. v. Gajendra Haldea (2008).

PTC INDIA LIMITED vs GAJENDRA HALDEA . · Niyam