Judicial Review Not Negated In Election Matters Where Level Playing Field Is Impaired By Violence: Supreme Court FIR Registration | Prospective Accused Has Locus Standi To Appeal Against Single Judge's Direction: Supreme Court Executing Deed Claiming Disputed Property Not 'False Document' Without Impersonation; Civil Disputes Can't Be Criminalised: Allahabad High Court Section 24 CPC | Partition Suit Can Be Transferred To High Court To Avoid Inconsistent Findings With Pending Testamentary Proceedings: Bombay High Court Upgraded Junior High Schools Lose Separate Legal Identity; Recruitment Under 1978 Rules Not Maintainable For Resulting Vacancies: Allahabad High Court Section 370 IPC | Consent Of Victim Is Irrelevant For Proving Trafficking; High Court Sustains Conviction Despite Acquittal Under Section 370A(2) Section 307 IPC | Absence Of Bodily Injury Does Not Exclude Offence If Intention Or Knowledge Is Established From Surrounding Circumstances: Delhi High Court Income Tax Reopening | Assessing Officer Cannot Initiate Reassessment Based On Third-Party Allegations Without Establishing Direct Nexus With Assessee: Gujarat High Court Section 294 CrPC | Non-Examination Of Autopsy Doctor Not Fatal To Prosecution When Post-Mortem Report's Genuineness Is Undisputed: Karnataka High Court Section 25 Arms Act | Mere Custody Without Awareness Not An Offence, 'Conscious Possession' Essential: Delhi High Court Quashes FIR Over Single Live Cartridge Section 20 Prevention Of Corruption Act | Statutory Presumption Cannot Be Triggered Without Proof Of Demand; Mere Recovery Insufficient: Himachal Pradesh High Court Article 227 Constitution of India | High Court Cannot Sit In Appeal Over Findings Of Tribunal Under Supervisory Jurisdiction: Kerala High Court Mere Registration Of Will Does Not Dispense With Requirement To Prove Execution Under Section 68 Evidence Act: Madras High Court Insurance Policy Exclusion | Onus To Prove Suicide Can Be Discharged By Circumstantial Evidence And Unexplained Discrepancies In Medical Records: NCDRC Registration Act | Contested Decree Declaring Pre-Existing Rights By Adverse Possession Does Not Require Compulsory Registration Or Stamp Duty: Madhya Pradesh High Court Section 100 Patents Act | Government Empowered To Authorise Manufacture Of Patented Life-Saving Drugs For Non-Commercial Distribution To Patients: Kerala High Court Madras High Court Slaps ₹1 Lakh Cost On Centre Over Botched Prisoner Repatriation Contempt Of Court | Bona Fide Efforts To Verify Credentials Preclude Finding Of 'Wilful Disobedience': Telangana High Court Financial Commissioner Cannot Remand Appointment Of Lambardar Without Finding Perversity In Collector’s Order: Punjab & Haryana High Court Article 226 | High Court Cannot Act As Second Appellate Authority Over Transfer Orders; Judicial Review Permissible Only On Four Limited Grounds: Rajasthan High Court Drugs and Cosmetics Act | Prosecution Must Prove Possession And Lack Of Licence Through Independent Evidence; Failure Of Panch Witnesses Is Fatal: Telangana High Court Section 392 IPC | Appellate Courts Can Reduce Sentence To Period Already Undergone Considering Protracted Litigation And Lack Of Criminal Antecedents: Punjab & Haryana High Court

Supreme Court Upholds Compensation for Shortfall in Coal Supply under Power Purchase Agreements

07 May 2024 2:49 AM

By: Admin


In a significant ruling, the Supreme Court of India has upheld the entitlement of generating companies to compensation for the shortfall in domestic linkage coal supply under Power Purchase Agreements (PPAs). The judgment, delivered by a bench comprising Justices B.R. Gavai and Vikram Nath, settles the long-standing dispute between generating companies and distribution companies (DISCOMS) regarding compensation for change in law and coal supply issues.

The dispute centered around the interpretation of provisions of the PPA, the National Coal Distribution Policy, Tariff Regulations, and expert opinions. The court considered the Station Heat Rate (SHR) and Gross Calorific Value (GCV) as key factors in determining compensation for the shortfall in coal supply.

The court affirmed the concurrent findings of the Central Electricity Regulatory Commission (CERC) and the Appellate Tribunal for Electricity (APTEL), which held that the SHR and GCV should be considered as per the regulations or actuals, whichever is lower. This decision ensures a fair balance between the interests of the generators and consumers in the electricity sector.

Supreme Court as follows: "SHR and GCV should be considered as per the regulations or actuals, whichever is lower: Supreme Court." This statement underscores the court's emphasis on adhering to the regulatory framework while addressing the compensation issue.

Additionally, the court upheld the entitlement of generating companies to claim late payment surcharge from DISCOMS for delayed payments under the PPA. The court agreed with the CERC and the APTEL that the DISCOMS had delayed payments and, therefore, the generating companies were entitled to receive the surcharge.

The news article highlights the conflicting stands taken by the DISCOMS in different cases and the court's admonishment of such inconsistency. The court noted that the DISCOMS contended that generators should seek remedies against coal companies instead of claiming compensation under the PPA, contradicting the stance taken by the Union of India.

"DISCOMS' contention that generators should seek remedies against coal companies is unreasonable: Supreme Court." The court's rejection of this argument underscores its commitment to ensuring fair compensation for the generators and maintaining the delicate balance in the electricity sector.

With this judgment, the Supreme Court has brought clarity to the compensation issue, providing generators with a legal recourse to recover losses incurred due to the shortfall in coal supply. The ruling is expected to have a significant impact on the power sector, promoting stability and fairness in power purchase agreements.

Date of Decision: March 3, 2023

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED vs ADANI POWER MAHARASHTRA LIMITED

 

Latest Legal News