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DELHI HIGH COURT
SANJEEV SACHDEVA
Clean Solar Power Bhadla Private Limited – Appellant
Versus
Solar Energy Corporation of India Limited – Respondent
| Table of Content |
|---|
| 1. change in law provision triggered by imposition of duty. (Para 3) |
| 2. petitioner constrained to approach court due to cerc inaction. (Para 4) |
| 3. cerc likely to function shortly and court reserves rights. (Para 5 , 7) |
| 4. petition disposed of with directive for expeditious consideration. (Para 6 , 8) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.6902/2021(exemption)
1. Exemption is allowed subject to all just exceptions.
W.P.(C) 2363/2021 & CM APPL.6901/2021(interim relief)
2. The hearing was conducted through video conferencing.
3. Petitioner has approached this Court, inter alia, seeking a direction to respondent no.1 to give full legal effect to the Change in Law Provision of the Statutory Power Purchase Agreements dated 24.07.2018 which allegedly triggered on account of the Change in Law Event i.e. imposition of Safe Guard Duty by way of notification dated 30th July, 2018.
4. Learned Senior counsel for the petitioner submits that petitioner had been constrained to approach this Court in view of the fact that the Central Electricity Regulatory Commission (CERC) is not functional in the absence of a Member (Legal). He submits that he has filed an applicat
The court ensured the expeditious hearing of a petition before the CERC without commenting on the merits, preserving the parties' rights.
Court upheld the petition challenging the termination of the Power Purchase Agreement, emphasizing the maintenance of status quo until the Central Electricity Regulatory Commission resumes functional....
The functional status of the Central Electricity Regulatory Commission (CERC) and its jurisdiction under the Electricity Regulation Act, 2003 were central to the court's decision.
Court should be slow in interfering with decision taken by expert bodies.
The CERC has jurisdiction to adjudicate upon disputes involving generating companies or transmission licensees in regard to matters connected with clauses (a) to (d) of Section 79(1). Clause (b) obvi....
The interpretation of tariff regulations concerning power supply and agreements lies exclusively with the regulatory commission, and disputes must be adjudicated by it rather than the High Court.
Definition of “Law” is wide enough to include all rules, regulations, orders, notifications by Governmental instrumentalities.
Writ petitions challenging regulatory fixation of normative O&M charges as tariff component not maintainable due to statutory appeal to expert Appellate Tribunal under Electricity Act, absent jurisdi....
The High Court declined to exercise jurisdiction over a writ petition due to the availability of an alternate statutory remedy under the Electricity Act, affirming that tariff regulation issues fall ....
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