Supreme Court · 2023 INSC 326 · Decided 6 April 2023
Haryana Power Purchase Centre v. Sasan Power LTD. & Ors
- Court
- Supreme Court of India
- Citation
- 2023 INSC 326 · [2023] 8 S.C.R. 1
- Case number
- CIVIL APPEAL No. 11826/2018
- Decided
- 6 April 2023
- Bench
- K.M. JOSEPH, B.V. NAGARATHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Electricity Act Section 79
Headnote
Electricity Laws - Appellate Tribunal for Electricity (APTEL) and Central Electricity Regulatory Commission (CERC), if empowered to disregard the express words of a contract and create a new bargain - Held: In a case where the matter is governed by express terms of the contract, it may the Central Electricity Regulatory Commission even donning the garb of a regulatory body to go beyond the express terms of the contract - While it may be open for a regulation to extricate a party from its contractual obligations, in the course of its adjudicatory power it may not be open
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