Supreme Court · 2013 INSC 637 · Decided 18 September 2013

U.P. Power Corporation LTD. v. N.T.P.C. LTD. & ORS.

Court
Supreme Court of India
Citation
2013 INSC 637 · [2013] 9 S.C.R. 805
Case number
CIVIL APPEAL No. 4117/2006
Decided
18 September 2013
Bench
T.S. THAKUR, VIKRAMAJIT SEN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Electricity Act Section 70

Headnote

CENTRAL ELECTRICITY REGULA TORY COMMISSION (TERMS AND CONDITIONS FOR DETERMINATION OF TARIFF) REGULATIONS, 2001: Regulation 2.5 read with Regulation 1.9 - Taking over of Thermal Power Station - Excess expenditure - Fixation of tariff - Relevant period being 1.4.2001 to 31.3.2004 - Held: Basis A B has to be the "actual capital expenditure" D incurred on the completion of the project -- But where the actual expenditure exceeds the approved expenditure, the excess so incurred can be taken into consideration to the extent the same is allowed by Central Electricity Authority or an

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