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Supreme Court

Supreme Court Dismisses Appeal by Distribution Licensee, Holds Captive Users Not Liable for Additional Surcharge Under Section 42(4) of Electricity Act, 2003. Captive generation and open access for self-consumption are statutory rights under Section 9, not requiring State Commission permission, thus additional surcharge is not leviable.

10 Dec 2021

The case involves an appeal by Maharashtra State Electricity Distribution Co. Ltd. (the distribution licensee) against the order of the Appellate Trib...

Supreme Court

Supreme Court Upholds Rajasthan Electricity Regulatory Commission’s 2016 Open Access Regulations. Balancing Grid Stability and Consumer Rights Under the Electricity Act, 2003

1 Apr 2025

Jurisdiction of RERC – Whether RERC could regulate inter-state open access under the Electricity Act, 2003. Held: Yes, as the Act empowers State ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Selection of Chief Engineer in Power Generation Corporation — Petitioner Lacked Required Experience in Power Sector. Court Held That Experience in Thermal Power Station Qualifies as Power Sector Experience and Selection Committee's Evaluation of Merit and Suitability Cannot Be Interfered With.

14 Aug 2014

The petitioner, Laxman Bhagwan Choudhari, a Deputy Chief Engineer at Bhusawal Thermal Power Station, challenged the selection of respondent No.5, Pank...

Supreme Court

Supreme Court Allows Appeals by Captive Power Producers in Hydel Policy Dispute Over Water Royalty Charges. The court held that the agreements incorporating the government policy did not impose water royalty liability on captive power producers, distinguishing them from independent power producers under the policy framework.

6 Sep 2021

The dispute arose from appeals filed by M/s. Indsil Hydro Power and Manganese Limited (INDSIL) and Carborundum Universal Limited (CUMI) against a comm...

Supreme Court

Supreme Court Dismisses Appeal of Distribution Licensee Against Tariff Revision for Change in Law Under Electricity Act, 2003. Non-Allocation of Coal Linkage Despite Government Assurance Constitutes Change in Law Entitling Generating Company to Compensatory Tariff.

31 Aug 2020

The case involves a dispute between Jaipur Vidyut Vitran Nigam Limited (JVVNL), an electricity distribution licensee in Rajasthan, and Adani Power Raj...

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 Allows Appeal in Electricity Act Arbitration Dispute — Holds That Captive Generating Plant Using Open Access to Wheel Power to Its Own Units Is a 'Generating Company' Under Section 86(1)(f). The Court Clarifies That the Term 'Generating Company' Includes a Captive Generating Plant and That Disputes Arising from Open Access Agreements for Wheeling Power to Own Units Fall Within the Arbitral Jurisdiction of the State Commission.

4 Dec 2019

The Supreme Court allowed the appeal filed by Hindustan Zinc Limited (HZL) against the judgment of the Rajasthan High Court, which had set aside an ar...

Supreme Court

Supreme Court Allows Appeal in Power Tariff Dispute — State Directed to Compensate Appellant for Delayed Transmission Line Construction. Contractual Obligation to Provide Free Power Under Clause 10 of Agreement Cannot Be Avoided Due to KSEB's Failure to Complete Transmission Line.

30 Jul 2019

The case involves an appeal by Indsil Hydro Power & Manganese Ltd against the State of Kerala and the Kerala State Electricity Board (KSEB) regarding ...

High Court

Bombay High Court Dismisses Appeal by Coal India and Western Coalfields Against Temporary Injunction Restraining Cancellation of Letter of Assurance and Encashment of Bank Guarantee. The court held that the plaintiff had a prima facie case for breach of contract under the New Coal Distribution Policy 2007, and the balance of convenience favoured maintaining the status quo pending suit.

26 Jul 2011

The case arises from a dispute between Coal India Ltd. and Western Coalfields Ltd. (appellants) and Chintamani Agrotech (India) Ltd. (respondent/plain...

High Court

Bombay High Court Dismisses MSEB's Challenge to Sale of Captive Power to Third Party Without Licence Under Electricity Act, 2003. Captive Generating Plant Not Required to Obtain Licence for Sale to Another Industrial Consumer Under Section 9 Read With Section 42 of the Electricity Act, 2003.

4 Apr 2005

The petitioner, Maharashtra State Electricity Board (MSEB), filed a writ petition challenging the order of the Maharashtra State Electricity Regulator...

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