Back
ANIRUDDHA BOSE, SANJAY KUMAR
Jaipur Vidyut Vitran Nigam Ltd. – Appellant
Versus
Adani Power Rajasthan Ltd. – Respondent
JUDGMENT
ANIRUDDHA BOSE, J.
The applicant, Adani Power Rajasthan Limited (APRL), is a generating company as per Section 2(28) of the Electricity Act, 2003 (“2003 Act”). It operates a thermal power plant in the State of Rajasthan. There were three appellants (1 to 3) in the main set of appeals, in connection with which the present application has been taken out, being the distribution licensees of the State of Rajasthan as per the provisions of the 2003 Act. They shall, henceforth in this judgment, be collectively referred to as “Rajasthan Discoms”. Rajasthan Urja Vikas Nigam Limited was the 4th appellant in the main set of appeals. It appears to have been formed by the Government of Rajasthan for the purpose of coordination among the aforesaid three Discoms, as also other distribution licensees of the State.
2. Through this miscellaneous application, the applicant seeks a direction upon the Rajasthan Discoms for making payment of Rs.1376.35 crore towards Late Payment Surcharge (“LPS”). This claim has been raised by the applicant citing Article 8.3.5 of the Power Purchase Agreement dated 28.01.2010 (“PPA-2010”) entered into between the Rajasthan Discoms and the applicant. The present a
(1) Condition precedent for entertaining appeal under Section 125 of Electricity Act, 2003 is existence of a substantial question – A question of law which arises incidentally or collaterally and has....
The main legal point established in the judgment is the court's affirmation of the relief in favor of the petitioner regarding the change in law, the calculation of the amount due, and the liability ....
Companies or juristic entities cannot be punished for contempt; specific individuals must be named for compliance responsibilities.
The court established that consumers cannot be charged for interest/carrying costs due to DISCOMS' delayed payments, limiting the special fuel surcharge to the original principal amount only.
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....
Carrying Cost is compensable for Change in Law events, and the affected party must be restored to its original economic position, supporting claims for compound interest.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
