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april 2009

Supreme Court of India · 2009-04-09

CENTRAL ELECTRICITY REGULATORY COMM. vs GAJENDRA HALDEA .

Citation / case number
SC 2007/8595
Court
Supreme Court of India
Petitioner
CENTRAL ELECTRICITY REGULATORY COMM.
Respondent
GAJENDRA HALDEA .
Author
ARIJIT PASAYAT
Bench
ASOK KUMAR GANGULY 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 based on specific findings regarding adverse effects on competition. The appeal was allowed, and the Tribunal's directions were set aside, reaffirming the precedent set in Grid Corporation of Orissa Ltd. v. Gajendra Haldea (2008).

CENTRAL ELECTRICITY REGULATORY COMM. vs GAJENDRA HALDEA . · Niyam