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).