Supreme Court of India
M/s. Dakshin Gujarat Vij Company Limited v. M/s. Gayatri Shakti Paper and Board Limited and Another, Etc.
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What the Court ordered
We hold that SPVs which own, operate and maintain CGPs are an “association of persons” in terms of the second proviso to Rule 3(1)(a) of the Rules.
Judgment, page 49
From the headnote
Issue for consideration: Eligibility criteria for a Captive Generating Plant (CGP)/captive user u/r.3(1)(a) of the Electri city Rules, 2005; Interpretation of the second proviso u/r.3(1)(a) of the Rules and the words “association of persons”; Whether a company set up as a Special Purpose Vehicle for generating electricity is an, “association of persons”, in terms of the second proviso to r.3(1)(a) of the Rules. Electricity Act, 2003 – ss.2(8), 9 – Electricity Rules, 2005 – r.3 – Interpretation – Captive Generating Plant (CGP) and use of electricity by the captive users – Confl icting judgments
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