Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2019

Supreme Court of India · 2019-02-25

UTTAR HARYANA BIJLI VITRAN NIGAM LTD.(UHBVNL) vs ADANI POWER LTD.

Citation / case number
SC 2018/21835
Court
Supreme Court of India
Petitioner
UTTAR HARYANA BIJLI VITRAN NIGAM LTD.(UHBVNL)
Respondent
ADANI POWER LTD.
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the issue of compensation for changes in law under Article 13 of Power Purchase Agreements (PPAs) in the context of the Electricity Act, 2003. The Court upheld the Central Electricity Regulatory Commission's (CERC) decision to grant compensation for increased costs due to the withdrawal of tax exemptions, affirming that such changes qualify as 'Change in Law' under the PPAs. The Court emphasized that the respondent is entitled to reimbursement of duties and taxes imposed after the exemption withdrawal, ensuring they are restored to their economic position prior to the change.

UTTAR HARYANA BIJLI VITRAN NIGAM LTD.(UHBVNL) vs ADANI POWER LTD. · Niyam