CENTRAL ELECTRICITY REGULATORY COMMISSION versus GAJENDRA HALDEA AND ORS.

CENTRAL ELECTRICITY REGULATORY COMMISSION versus GAJENDRA HALDEA AND ORS.

The Tribunal's order directing Regulatory Commissions to fix trading margins cannot be maintained as neither Section 121 nor Section 142 of the Electricity Act, 2003 were applicable; respondent did not properly invoke jurisdiction.

Parties
Appellant: Central Electricity Regulatory Commission; Respondents: Gajendra Haldea and Ors.
Jurisdiction
India
Judgment Date
09 April 2009
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Tariff Determination, Power of Tribunal, Trading Margin, Jurisdiction of Regulatory Commission
Electricity Law Tariff Determination Power of Tribunal Trading Margin Jurisdiction of Regulatory Commission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Central Electricity Regulatory Commission

Appellant

Gajendra Haldea and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Appellate Tribunal for Electricity had power to direct Regulatory Commissions to fix trading margins.
  2. 2 Whether respondent had locus standi or had invoked the proper jurisdiction.

Ratio Decidendi

The Tribunal's order directing Regulatory Commissions to fix trading margins cannot be maintained as neither Section 121 nor Section 142 of the Electricity Act, 2003 were applicable; respondent did not properly invoke jurisdiction.

Court Disposition

appeal allowed

Orders

  • Order passed by the Tribunal is set aside.