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Supreme Court of India · 2018-02-16

TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD vs M/S G M R VEMAGIRI POWER GENERATION LTD

Citation / case number
SC 2014/28515
Court
Supreme Court of India
Petitioner
TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD
Respondent
M/S G M R VEMAGIRI POWER GENERATION LTD
Author
HON'BLE MR. JUSTICE NAVIN SINHA
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court determined that the term 'fuel' in clause 1.1.27 of the Power Purchase Agreement (PPA) refers exclusively to 'natural gas only' and does not encompass Regasified Liquefied Natural Gas (RLNG). The Court upheld the Andhra Pradesh Electricity Regulatory Commission's interpretation, emphasizing that the higher cost of RLNG and its non-domestic availability do not justify its inclusion as a fuel option. The ruling clarified that the explicit wording in the PPA restricts the definition of fuel, thereby affirming the Commission's decision and dismissing the appeal.

TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD vs M/S G M R VEMAGIRI POWER GENERATION LTD · Niyam