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B. R. GAVAI, K. VINOD CHANDRAN
Haryana Power Purchase Centre (HPPC) – Appellant
Versus
GMR Kamalanga Energy Limited – Respondent
| Table of Content |
|---|
| 1. overview of parties involved in appeals (Para 1 , 2 , 3) |
| 2. arguments from appellants on legal entitlements (Para 5 , 6 , 10 , 12 , 13) |
| 3. court's analysis on apportionment of coal and entitlements (Para 17 , 20 , 39) |
| 4. concluding remarks and orders of the court (Para 46 , 47) |
JUDGMENT
B.R.GAVAI, CJI.
FACTUAL ASPECTS
1. These appeals take exception to the judgment and final order dated 20th December 2019 passed by the Appellate Tribunal for Electricity, New Delhi [Hereinafter referred to as the ‘APTEL’] in Appeal No. 135 of 2018 along with Appeal No. 54 of 2019, whereby the learned APTEL dismissed the said appeals and upheld the order dated 20th March 2018 passed by the Central Electricity Regulatory Commission, New Delhi [Hereinafter referred to as the ‘CERC’] in Petition No. 105/MP/2017 [Hereinafter referred to as ‘Petition No. 105’].
2. We have two appeals before us, both of which challenge the same judgment and final order of the learned APTEL. The first appeal being Civil Appeal No. 1929 of 2020 has been filed by Haryana Power Purchase Centre and two others [Hereinafter referred to as the ‘HPCC’] whereas the second appeal being Civil Appeal No. 3429 of 2020 has bee
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....
Expert bodies' decisions should not be interfered with unless they violate statutory provisions or are arbitrary.
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....
Definition of “Law” is wide enough to include all rules, regulations, orders, notifications by Governmental instrumentalities.
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 ....
Court should be slow in interfering with decision taken by expert bodies.
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.
Tariff determination for hydro projects with enhanced capacity, binding nature of prior PPAs on successors, and writ jurisdiction limited; exclusive domain of regulatory commission, not courts, to fi....
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