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Search Results for "electricity contract"

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Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

Supreme Court

Supreme Court Upholds Consumer in Electricity Contract Dispute Over Reduction of Load. The Court held that enhancements of contract demand constitute supplementary agreements to the initial agreement, and the three-year period under Regulation 9.2.1 of Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2005 runs from the initial agreement date, not from each enhancement.

30 Apr 2021

The dispute involved a small-scale industry, the respondent, seeking reduction of its contract demand for electricity supply from 4000 KVA to 1325 KVA...

Supreme Court

Supreme Court Allows State Appeal in Electricity Duty Exemption Case: Promissory Estoppel Not Applicable Due to Lack of Clear Representation and Public Interest. The court held that the Industrial Policy 2012 did not create an enforceable right to retrospective exemption, and the notification under Section 9 of the Bihar Electricity Duty Act, 1948 was validly made prospective.

1 Dec 2020

The Supreme Court allowed the appeal filed by the State of Jharkhand against the judgment of the Jharkhand High Court, which had directed the State to...

Supreme Court

Supreme Court Dismisses Electricity Board's Appeals in Illegal Disconnection Case — Board Cannot Claim Charges for Period of Its Own Wrongful Act. Initial Disconnection Without Considering Consumer's Instalment Request Violates Section 56 of Electricity Act, 2003.

27 Apr 2020

The appeals arose from a dispute between the Bihar State Electricity Board (appellant) and M/s Iceberg Industries Ltd. (respondent/company) concerning...

Supreme Court

Supreme Court Allows Appeal of Electricity Distribution Company Against Quashing of Captive Power Plant Circulars. MERC's Retrospective Quashing of Pre-Approval Circulars Without Considering Financial Impact Set Aside.

28 Feb 2020

The Supreme Court of India heard an appeal by Maharashtra State Electricity Distribution Company Limited (MSEDCL) against an order of the Appellate Tr...

Supreme Court

Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

2 Jul 2019

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

High Court

Bombay High Court Allows Petition of Auction Purchaser Against Electricity Board for Denial of Connection Due to Previous Owner's Dues. Court Holds Auction Purchaser Not Liable for Predecessor's Electricity Dues in Absence of Statutory Charge.

31 Aug 2018

The petitioners, Sambhaji Maharaj Spinning Mill Pvt. Ltd. and its director, purchased the movable and immovable properties of respondent No. 2 (Nanded...

High Court

Bombay High Court Upholds CGIT Award Holding Canteen Contract as Sham and Bogus, Directs Absorption of Canteen Workers as Direct Employees of Principal Employer. Contract Labour Arrangement Found to Be a Mere Facade with Principal Employer Exercising Complete Control Over Workers, Making Them Direct Employees Under Industrial Disputes Act, 1947.

26 Jul 2016

The petitioner, The Shipping Corporation of India Ltd., a public company, challenged an award of the Central Government Industrial Tribunal No.1 (CGIT...

High Court

High Court Dismisses Petition Challenging Arbitral Tribunal's Jurisdictional Ruling in Contract Dispute — Novation of Contracts and Non-Assignment of Arbitration Agreement. The court held that the original contracts were novated by subsequent agreements, and the arbitration clause did not pass to the petitioner by merger, thus the tribunal lacked jurisdiction.

20 Jul 2016

The petitioner, DLF Power Limited (now Eastern India Powertech Limited), filed a petition under Section 37 of the Arbitration and Conciliation Act, 19...

High Court

Bombay High Court Allows Generating Company's Open Access Petition Under Electricity Act, 2003 — Distribution Licensee Cannot Deny Open Access to Captive Generating Plant. The Court held that a generating company is entitled to open access for supply of electricity to its consumers and that the distribution licensee cannot impose conditions that defeat the statutory scheme of open access under Sections 9, 10, and 42 of the Electricity Act, 2003.

18 Jan 2011

The case involves a writ petition filed by The Tata Power Company Limited and others against the Government of Maharashtra and others. The petitioner,...

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