Policy Of Inter-Plant Transfer Of Coal By Coal India A “Change In Law Event” : Supreme Court Grants Relief To Haryana Distribution Companies
1 year, 8 months ago

Policy Of Inter-Plant Transfer Of Coal By Coal India A “Change In Law Event” : Supreme Court Grants Relief To Haryana Distribution Companies

Live Law  

On 20.04.2023, the bench of Justices B.R. and Adani Power Ltd. wherein it has been held that “Inter Plant Transfer” of coal qualifies as a Change in Law Event in terms of the Power Purchase Agreements executed between the parties. While doing so, the Supreme Court has ruled in favour of Haryana Discoms and observed that the Coal India Limited Communication dated 19th June, 2013 is an instrument having “a force of law” and consequently allowed IPT of coal as a change in law event. The Supreme Court took a significantly view and overruled the decision of the Appellate Tribunal and held that “CIL is an instrumentality of the Government of India” and that the “APTEL erred in holding the said communication dated 19th June 2013 not to amount to ‘Change in Law”. The Supreme Court also noted that “the definition of “Law” is wide enough to include all rules, regulations, orders notification by the Government instrumentalities.” The Bench also noted that the Appellate Tribunal’s findings are in contradiction to its own decisions wherein vide Order dated 22.03.2022 in the matter of Rattan India Power Limited v. Maharashtra Electricity Regulatory Commission and Another, Appeal Nos.

Law Change Court Coal Supreme Dated Adv Coal India Cil Change In Law Event  transfer  supreme  law  adv  change  interplant  ms  power  policy  grants  coal  mr  india  court  haryana  dated  relief

History of this topic

SC Holds Rajasthan Discoms Liable To Pay Compensatory Tariff To Adani Power Rajasthan Ltd [Read Judgment]
4 years, 3 months ago

SC Holds Rajasthan Discoms Liable To Pay Compensatory Tariff To Adani Power Rajasthan Ltd [Read Judgment]

Live Law  

In a huge relief to Adani Power Rajasthan Ltd, the Supreme Court on Monday repelled the challenge made by a group of power distribution companies from Rajasthan against the approval of compensatory tariff for APRL.A bench comprising Justices Arun Mishra, Vineet Saran and M R Shah upheld the orders passed by the Rajasthan Electricity Regulatory Commission and the Appellate Tribunal. …

Discover Related