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B. R. GAVAI, VIKRAM NATH
Uttar Haryana Bijli Vitran Nigam Limited – Appellant
Versus
Adani Power (Mundra) Limited – Respondent
Headnote: Read headnote
JUDGMENT :
B.R. GAVAI, J.
1. The present appeal challenges the judgment and order dated 30th June 2021, passed by the Appellate Tribunal for Electricity, New Delhi (hereinafter referred to as “APTEL”) in Appeal No. 358 of 2019, thereby dismissing the appeal filed by the Uttar Haryana Bijli Vitran Nigam Limited and Dakshin Haryana Bijli Vitran Nigam Ltd. (hereinafter referred to as “Haryana Utilities”) appellants herein, and maintaining the judgment and order dated 13th June 2019 passed by the Central Electricity Regulatory Commission (hereinafter referred to as “CERC”) in Petition No. 251/MP/2018.
2. The facts, in brief, giving rise to the present appeal are as under:
Haryana Utilities had entered into two Power Purchase Agreements (for short “PPA”) dated 7th August 2008 with the first respondent-Adani Power (Mundra) Limited (hereinafter referred to as “AP(M)L”) for a contracted capacity of 1424 MW from the generating Units 7, 8 and 9
Court should be slow in interfering with decision taken by expert bodies.
Any change resulting in a cost impact on selling electricity constitutes a Change in Law event, entitling affected parties to compensation under PPAs.
Expert bodies' decisions should not be interfered with unless they violate statutory provisions or are arbitrary.
The court upheld that coal supply from power generation must be allocated equitably among all electricity distribution companies, as mandated by regulatory guidelines, rejecting attempts to prioritiz....
Definition of “Law” is wide enough to include all rules, regulations, orders, notifications by Governmental instrumentalities.
The term “Law” in the PPAs would include all applicable rules, regulations, orders, Notifications issued by an Indian Governmental Instrumentality and shall also include all rules, regulations, decis....
The Notification imposing Evacuation Facility Charges constitutes a change in law, entitling the affected party to compensation from that date.
A notification or order by an Indian Governmental Instrumentality can constitute a 'Change in Law' event under a Power Purchase Agreement if it impacts contractual obligations.
Written contract – Ordinarily, when a contract is reduced to writing, its terms must be determined from the document itself – However, this rule does not put embargo on looking into such facts which ....
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