Manohar Lal Sharma VS Principal Secretary - 2014 6 Supreme 1: No keywords or phrases (e.g., "followed", "distinguished", "criticized", "questioned", "overruled", "reversed", "abrogated") indicating judicial treatment by subsequent decisions are present. The provided bullet points describe key holdings and principles from the case itself (e.g., interpretations of the CMNN Act, constitutional entries, statutory requirements, and findings of arbitrariness/illegality in coal block allocations), with no reference to how the case has been treated later. Treatment is therefore unclear and ambiguous based on the information provided.
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SURYA KANT, B. V. NAGARATHNA, JOYMALYA BAGCHI
West Bengal State Electricity Distribution Co. Ltd. – Appellant
Versus
Adhunik Power & Natural Resource Ltd. – Respondent
Headnote: Read headnote
JUDGMENT
Joymalya Bagchi, J.
1. The appeals are directed against the judgment and order dated 04.09.2025 whereby the Appellate Tribunal for Electricity (‘APTEL’) modified the order dated 29.01.2020 passed by the Central Electricity Regulatory Commission, New Delhi (‘CERC’) and directed that Respondent No.1, Adhunik Power and Natural Resources Ltd. (‘APNRL’), was entitled to (i) compensation for coal purchased through e- auction/import to meet the shortfall in tapering linkage granted to it pending operationalization of the Ganeshpur captive coal block, and (ii) compensation on account of Change in Law events with effect from 25.08.2014 as per Article 10.2 of the PPA1 [Power Purchase Agreement]/PSA2[ Power Supply Agreement], along with carrying costs till actual payment was made.
2. On 05.01.2011, a PSA was executed between the Appellant, West Bengal State Electricity Distribution Company Ltd. (‘WBSEDCL’) and Respondent No. 3, PTC India Limited3[ An inter-state trader of electricity] (‘PTC’) for supply of 100 MW of power for a period of 25 years.
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 ....
Definition of “Law” is wide enough to include all rules, regulations, orders, notifications by Governmental instrumentalities.
Expert bodies' decisions should not be interfered with unless they violate statutory provisions or are arbitrary.
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.
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....
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....
Any change resulting in a cost impact on selling electricity constitutes a Change in Law event, entitling affected parties to compensation under PPAs.
The main legal point established in the judgment is that the capacity declaration based on RLNG could be done unilaterally, unencumbered by the requirement of the appellant’s consent in the latter ha....
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