PTC INDIA LTD. versus GAJENDRA HALDEA AND ORS.

Order passed by Tribunal directing Regulatory Commissions to fix trading margins cannot be maintained as Tribunal lacked power under Sections 60 and 121 of the Electricity Act, 2003.

Parties: Appellant: PTC INDIA LTD.; Respondent: Gajendra Haldea; Respondents: Others
Jurisdiction: India
Judgment Date: 09 April 2009
Procedural Posture: Civil Appeal / Appeal Against Order of Appellate Tribunal for Electricity, New Delhi
Outcome: Appeal allowed
Legal Topics: Powers of Appellate Tribunal, Trading Margins, Tariff Determination

Electricity Law Powers of Appellate Tribunal Trading Margins Tariff Determination

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2

Parties

PTC INDIA LTD.

Appellant

Gajendra Haldea

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against Order of Appellate Tribunal for Electricity, New Delhi

Legal Issues

1 Whether Tribunal is empowered to fix trading margins under sections 60 and 121 of the Electricity Act, 2003
2 Whether directions issued by Tribunal amounted to tariff determination

Ratio Decidendi

Order passed by Tribunal directing Regulatory Commissions to fix trading margins cannot be maintained as Tribunal lacked power under Sections 60 and 121 of the Electricity Act, 2003.

Court Disposition

Appeal allowed

Orders

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