Back
PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
Bangalore Electricity Supply Company Limited – Appellant
Versus
Hirehalli Solar Power Project LLP – Respondent
JUDGMENT
PAMIDIGHANTAM SRI NARASIMHA, J.
Facts
KERC’s order
APTEL’s impugned order
Submissions
Scope of Supreme Court’s appellate jurisdiction under Section 125 of the Act
Analysis on merits
Clauses of the Power Purchase Agreement (PPA)
Re: Applicability of the force majeure clause:
Conclusion
1. The short issue arising from these appeals is whether the extension of the Scheduled Commissioning Date [Hereinafter “SCD”] was occasioned under the force majeure clause of the Power Purchase Agreement [Hereinafter “PPA”], and consequently, whether the reduction in tariff payable to the respondents is justified. While upholding the decision of the Appellate Tribunal for Electricity [Hereinafter “APTEL”] we have examined the scope and ambit of our appellate jurisdiction under Section 125 of the Electricity Act, 2003 [Hereinafter “the Act”]. We have held that the restrictive scope of appellate jurisdiction is a product not only of the statutory preconditions, but also a necessary measure to enable freedom to statutory regulator and Tribunal to develop sectorial laws through a principled and consistent approach.
2. Facts: Since the facts and the PPAs are similar in all three appeals, we will deal with th
(1) Appeal to Supreme Court – Requirement under Section 125 of Electricity Act, 2003 is not merely a ‘question of a law’ but a ‘substantial question of law’ – APTEL as an appellate body is to hear ap....
Point of law: Commission cannot be kept in the dark when the effect is amendment to the PPA.
Interpretation of Agreement – Duty of Court is not to delve deep into intricacies of human mind to explore undisclosed intention, but only to take meaning of words used (expressed intentions). In see....
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
