Supreme Court · 2022 INSC 1208 · Decided 16 November 2022

M. P. Power Management Company Limited, Jabalpur v. M/S. SKY Power Southeast Solar India Private Limited & Others

Court
Supreme Court of India
Citation
2022 INSC 1208 · [2022] 5 S.C.R. 1
Case number
CIVIL APPEAL No. 8515/2022
Decided
16 November 2022
Bench
K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 14; Electricity Act Section 63, 62

Headnote

Electricity Laws - Electricity Act, 2003 - ss.63 and 62 - Contract - Non-statutory contract - Power Purchase Agreement (PPA) entered into by the appellant and the first respondent, if a statutory contract - Held: The PPA was in purported compliance with the statutory dictate, either in the form of parent enactment or a subordinate legislation - The terms and conditions of the PPA were not transplanted into the PPA from any statutory provision - That tariff was arrived at in accordance with the transparent

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