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2025 Supreme(SC) 771

ABHAY S. OKA, UJJAL BHUYAN
Powergrid Corporation of India Limited – Appellant
Versus
Central Electricity Regulatory Commission – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Swapna Seshadri, Adv. Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv. Mr. Utkarsh Singh, Adv. Ms. Sneha Singh Baghel, Adv.
For the Respondent(s): Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv.

Table of Content
1. facts regarding the appeals and their background. (Para 1 , 2 , 3 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
2. introduction of appeals regarding additional capitalization. (Para 5 , 6 , 7)
3. arguments presented by the appellant and respondents. (Para 18 , 19 , 20)
4. court's observations and analysis of regulations. (Para 21 , 22 , 23 , 24 , 27 , 28 , 29 , 30 , 32 , 34 , 37 , 39)
5. ratio decidendi regarding proximate cause and insurance policy. (Para 31 , 33 , 36)
6. final conclusion and dismissal of the appeals. (Para 38 , 40)

JUDGMENT :

UJJAL BHUYAN, J.

1. This order will dispose of both Civil Appeal Nos. 5857 and 5858 of 2011.

2. Since both the civil appeals filed by the appellant under Section 125 of the ELECTRICITY ACT , 2003 arise out of the common order dated 23.03.2011 passed by the Appellate Tribunal for Electricity in Appeal Nos. 91-92 of 2009 with the issue being inter-related and between the same parties, both the appeals were heard together and are being disposed of by this common order.

3. Appellant in this case is Powergrid Corporation of India Limited.

4. In Appeal No. 91 of 2009, the challenge made was to the order dated 03.02.2009 passed by the

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