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september 2016

Supreme Court of India · 2016-09-15

RADHEY SHYAM vs STATE OF U.P. & ORS.

Citation / case number
SC 2000/60253
Court
Supreme Court of India
Petitioner
RADHEY SHYAM
Respondent
STATE OF U.P. & ORS.
Author
L. NAGESWARA RAO
Bench
L. NAGESWARA RAO ANIL R. DAVE

Judgment text excerpt

The Supreme Court ruled on the validity of the Power Purchase Agreement (PPA) between Mangalore Electricity Supply Company Ltd. and M/s. AMR Power Private Ltd., emphasizing that the PPA remains enforceable despite disputes over tariff rates and defaults in payment. The Court held that the Karnataka Electricity Regulatory Commission's interim order mandating payment at the agreed rate of Rs. 2.80 per unit was valid, and the Appellant's obligations under the PPA must be fulfilled. The judgment clarified the enforceability of contractual terms under Article 19 of the Indian Constitution, affirming the rights of the power generator.

RADHEY SHYAM vs STATE OF U.P. & ORS. · Niyam