Supreme Court of India

Maharashtra State Electricity Distribution Company Limited v. Ratnagiri Gas and Power Private Limited & Ors

Neutral citation
Reported as [2023] 14 S.C.R. 761
Bench Dr. Dhananjaya Y Chandrachud, Jb Pardiwala and Manoj Misra JJ.
Decided 9 November 2023

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

For the reasons stated above, the plant availability factor woul d be less than 70%, and as such, the capacity charges would be reduced in accordance with Clause 21(1)(a) of CERC (Terms and Conditions of Tariff ) Regulations 2009; f.

Judgment, page 9

From the headnote

Issue for consideration: Whether the Central Electricity Regulatory Commission-CERC and Appellate Tribunal for Electricity-APTEL were justifi ed in affi xing liability to pay fi xed charges on the appellant. Electricity Act, 2003 – s. 79 – Payment of fi xed capacity charges – Fixation of liability – Power Purchase Agreement between the appellant and fi rst respondent whereby the appellant would purchas e power from the fi rst respondent – First respondent was supposed to receive the contracted quantity of gas supply from RIL, however after ther e was a decline in the supply – In order to make up for

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