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march 2009

Supreme Court of India · 2009-03-06

Ptc India Ltd vs Central Electricity Reg. Comm. ...

Court
Supreme Court of India
Petitioner
Ptc India Ltd
Respondent
Central Electricity Reg. Comm. ...
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Harjit Singh Bedi, Arijit Pasayat

Judgment text excerpt

The Supreme Court ruled that the Appellate Tribunal for Electricity has jurisdiction to examine the validity of regulations framed under Section 178 of the Electricity Act, 2003, contrary to the earlier decision in West Bengal Electricity Regulatory Commission v. CESC Ltd. (2002). The Court emphasized that the Tribunal's powers under Section 121 of the 2003 Act allow it to supervise statutory functions, including the fixation of trading margins, which is distinct from tariff regulations. The Court held that the Tribunal's jurisdiction encompasses all aspects of statutory functions under the Act, thus allowing the appeals to proceed.

Ptc India Ltd vs Central Electricity Reg. Comm. ... · Niyam