Supreme Court of India

Gujarat Urja Vikas Nigam Ltd. v. Essar Power Limited

Neutral citation

Reported as [2016] 5 S.C.R. 101

Bench Anil R. Dave J.

Decided 9 August 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that, in Electricity Board is not entitled to get the compensation as claimed and as such the Appellant EPL succeeds in this issue.

Judgment, page 21

From the headnote

Electricity Act, 2003: Power Purchase Agreement between appellant-licencee and respondent-generating company - Interpretation of to determine whether there is obligation to declare availability of power in a particular proportion - Held: Jn terms of the agreement, entire capacity has been allocated in two parts in ratio of 300:215 - Respondent generating company is under obligation as per Schedule VJ to PPA to declare weekly schedule of capacity available and that it shall not divert any power to its sister concern in a manner contrary to the proportionate principle - Commission was thus

Authorities it was built on

1997 L. Chandra Kumar Etc. Etc. v. The Union of India and Ors. Etc. Etc. cited by 44
2014 Madras Bar Association v. Union of India and Another cited by 10
1986 Bihar Legal Support Society v. The Chief Justice of India & Anr. cited by 7
2010 Mathai @ Joby v. George & Anr. cited by 6
1964 Mrs. M. N. Clubwala and Anr. v. Fida Hussain Saheb and Ors. cited by 4

Where later benches applied it

2019 Rojer Mathew v. South Indian Bank Ltd. & Ors. relied on
2018 Rojer Mathew v. South Indian Bank Limited and Ors relied on
2018 Krishanakant Tamrakar v. The State of Madhya Pradesh relied on
2021 Madras Bar Association v. Union of India and Anr. referred to
2018 State of Gujarat & Ors. v. Utility Users’ Welfare Association & Ors. referred to
2025 Gujarat Urja Vikas Nigam Limited v. Essar Power Limited and Another explained

Of those, 3 relied on · 2 referred to · 1 explained

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