Supreme Court of India

Karnataka Power Transmission Corporation Limited v. Jsw Energy Limited (earlier Known as Jindal Thermal Power Company Limited & Jindal Tractabel Power Company Limited) & Ors.

Neutral citation
Reported as [2022] 12 S.C.R. 937
Bench K. M. Joseph, Aniruddha Bose and Hrishikesh Roy JJ.
Decided 22 November 2022

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.

What the Court ordered

We are of the view that, at any rate, particula rly bearing in mind, the limited nature of the jurisdiction of the High Court under Section 41 of the Act, the approach and the findings of the High Court unde r Point No. 4, may not be sustainable.

Judgment, page 87

From the headnote

Karnataka Electricity Reforms Act, 1999 – s.18, Explanation to s.19, s.25(3) r/w s.17(1) and proviso to s.27(2) – Power Purchase Agreement (PPA) – The Act came into force with effe ct from 01.06.1999 – Under s.27 of the Act, unless there was a ‘concluded contract’ as on 01.06.1999, the Karnataka Electricity Regulatory Commission was to regulate the tariff – Whether before the ct came into force, there was a concluded contract between the parties , and therefore such a contract could not be unsettled by t he regulatory regime under the Act – Held: The parties contemplate d a written Power

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