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Supreme Court of India

Energy Watchdog v. Central Electricity Regulatory Commission and Ors. Etc.

Neutral citation
Reported as [2017] 3 S.C.R. 153
Bench Pinaki Chandra Ghose J.
Decided 11 April 2017

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.

14 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that though change in Indonesian law would not qualify as a change in law under the guidelines read with the PPA, change in Indian law certainly would.

Judgment, page 60

From the headnote

Electricity Act, 2003 - ss. 63, 79 - Determination of tariff by bidding process - Supply of power from power project - Power Purchase Agreement (PPA) between State Government Utilities and power generating companies - State Commission adopted tariff u/s. 63 for supply of power to Slate Government Utilities - However, few years later, change in Indonesian law which increased the export price of coal from Indonesia to international market - .Petition by power generating companies before Ce171ral Electricity Regulatory Commission seeking relief due to change in Indonesian law - Commission held

Authorities it was built on

Where later benches applied it

Of those, 4 relied on · 10 referred to

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