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DELHI HIGH COURT
SANJEEV SACHDEVA
KSK Mahanadi Power Company Ltd. – Appellant
Versus
Southern Power Distribution Company of Andhra Pradesh Limited – Respondent
| Table of Content |
|---|
| 1. petitioner challenges termination of power purchase agreement. (Para 2) |
| 2. jurisdiction and authority issues raised by the respondent. (Para 3 , 5 , 6) |
| 3. court's observations on supreme court directives and status of the cerc. (Para 4 , 7 , 10 , 11 , 12 , 13 , 14) |
| 4. status quo maintained until cerc resumes operations. (Para 15 , 16 , 17 , 18 , 19) |
| 5. petition disposed of with procedural directions. (Para 20 , 21) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Petitioner impugns notice dated 19.12.2020 (sic) issued by AP Discoms seeking termination of the Power Purchase Agreement (PPA for short) and further seeks a direction to respondent no. 3 to grant consent for open access to enable the petitioner to make available the power to AP Discoms in terms of the Power Purchase Agreement.
3. Learned Senior Counsel for the respondent objects to the maintainability of the present petition. It is contended that the petition has been filed by one Mr. Anand Tiwari, the Executive-Corporate Affairs of the petitioner company. It is submitted that as the petitioner company is undergoing Corporate Insolvency Resolution Process and a Resol
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.
The jurisdiction of CERC is limited to matters covered by clauses (a) to (k) of Sub-Section 1 of Section 79 of the Electricity Act, 2003.
The court ensured the expeditious hearing of a petition before the CERC without commenting on the merits, preserving the parties' rights.
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 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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