M/S. ADANI POWER (MUNDRA) LTD. vs GUJARAT ELECTY REG.COMMISSION .

The Supreme Court upheld the decision of the Appellate Tribunal for Electricity, confirming the Gujarat Electricity Regulatory Commission's ruling regarding the appellant's failure to comply with the Power Purchase Agreement (PPA) terms. The Court emphasized that under Section 63 of the Electricity Act, 2003, the appellant was obligated to secure a Fuel Supply Agreement (FSA) to fulfill its contractual obligations. The Court held that the inability to supply power due to the lack of coal supply from Gujarat Mineral Development Corporation did not absolve the appellant from its contractual duties, leading to the dismissal of the appeal.