CESC LTD. versus GAJENDRA HALDEA AND ORS.

CESC LTD. versus GAJENDRA HALDEA AND ORS.

The Appellate Tribunal for Electricity was not empowered to fix trading margins and its order could not be maintained, as respondent No.1's petition was not entertainable or maintainable. Only the appropriate Regulatory Commission can act under Section 60 upon proper findings. The Tribunal exceeded its revisional powers under Section 121.

Parties
Appellant: CESC LTD.; Respondent: Gajendra Haldea; Respondent: C.K. Rai; Respondent: J. Raimei; Respondent: G. Gamgmei; Respondent: H.K. Puri; Respondent: K.V. Mohafl; Respondent: U.S. Prasad; Respondent: Indu Sharma; Respondent: H. Wahi; Respondent: Mamta Tushir
Jurisdiction
India
Judgment Date
09 April 2009
Procedural Posture
Civil Appeal / Appeal From Order of the Appellate Tribunal for Electricity
Outcome
Appeal allowed
Legal Topics
Appellate Powers Under Electricity Act 2003, Fixation of Trading Margins, Jurisdiction of Appellate Tribunal, Section 60 and 121 of Electricity Act
Electricity Law Appellate Powers Under Electricity Act 2003 Fixation of Trading Margins Jurisdiction of Appellate Tribunal Section 60 and 121 of Electricity Act

Case Brief

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Parties

CESC LTD.

Appellant

Gajendra Haldea

Respondent

C.K. Rai

Respondent

J. Raimei

Respondent

G. Gamgmei

Respondent

H.K. Puri

Respondent

K.V. Mohafl

Respondent

U.S. Prasad

Respondent

Indu Sharma

Respondent

H. Wahi

Respondent

Mamta Tushir

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of the Appellate Tribunal for Electricity

Legal Issues

  1. 1 Whether the Appellate Tribunal for Electricity had the power under Sections 60 and 121 of the Electricity Act, 2003 to direct Regulatory Commissions to fix trading margins as if it involved tariff determination.

Ratio Decidendi

The Appellate Tribunal for Electricity was not empowered to fix trading margins and its order could not be maintained, as respondent No.1's petition was not entertainable or maintainable. Only the appropriate Regulatory Commission can act under Section 60 upon proper findings. The Tribunal exceeded its revisional powers under Section 121.

Court Disposition

Appeal allowed

Orders

  • Order passed by the Tribunal is set aside.
  • No order as to costs.