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2023 Supreme(SC) 390

B. R. GAVAI, VIKRAM NATH
Uttar Haryana Bijli Vitran Nigam Limited – Appellant
Versus
Adani Power (Mundra) Limited – Respondent


JUDGMENT :

B.R. GAVAI, J.

1. The present appeal challenges the judgment and order dated 21st December 2021 passed by the Appellate Tribunal for Electricity (hereinafter referred to as ‘APTEL’) in Appeal No. 231 of 2021, filed by the appellants herein, thereby challenging the order dated 8th July 2019, passed by Central Electricity Regulatory Commission (hereinafter referred to as ‘CERC’) in Petition No. 269/MP/2018. The APTEL has held the communication dated 19th June 2013, issued by Coal India Limited (for short “CIL”) not to be a ‘Change in Law’ event.

2. The facts, in brief, giving rise to the present appeal are as under:

    The respondent No. 1-Adani Power (Mundra) Limited (hereinafter referred to as “AP(M)L”) had set up a generating station of capacity 4620 MW (Phase I and II-4 x 330 MW, Phase III-2 x 660 MW and Phase IV-3 x 660 MW) at Mundra in the State of Gujarat. AP(M)L had entered into Power Project Agreements (hereinafter referred to as “PPA”) dated 7th August 2008 with Uttar Haryana Bijli Vitran Nigam Limited and Dakshin Haryana Bijli Vidyut Nigam Limited (hereinafter referred to as “Haryana Utilities”) the appellants herein, for supply of 1424 MW power from Phase IV of the g


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