Supreme Court of India

Kerala State Electricity Board Ltd. v. Jhabua Power Limited and Others

Neutral citation
Reported as [2024] 9 S.C.R. 971
Bench Dr Dhananjaya Y Chandrachud, J.B. Pardiwala and Manoj Misra JJ.
Decided 30 September 2024

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above directive, the appellant withdrew its appeal before APTEL. While allowing the request for withdrawal, APTEL by its order dated 31 October 2023, directed as follows: “We consider it appropriate, in such circumstances, to permit the Appeal to be withdrawn, with liberty to the Appellant to invoke the review jurisdiction of the Commission.

Judgment, page 6

From the headnote

Issue for Consideration Whether the Appellate Tribunal for Electricity (APTEL) was right in passing the impugned judgment holding that the Kerala State Electricity Regulatory Commission (KSERC) was not bound by the directives of the State Government issued under Section 108 of the Electricity Act, 2003 and it exceeded its review jurisdiction under Section 94. Headnotes† Electricity Act, 2003 – s.108 – Scope – State Electricity Regulatory Commissions, if ‘bound’ by the directions issued by State Government u/s.108 – Kerala State Electricity Regulatory Commission (KSERC) allowed the review

Where later benches applied it

Of those, 1 referred to

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