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Gujarat Urja Vikash Nigam Ltd. Vs. Essar Power Ltd.

Court : Supreme Court of India

Subject : ArbitrationElectricity

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 11, 11(5) and 11(6); Gujarat Electricity Industry (Reorganization and Regulation) Act, 2003; Electricity Act, 2003 - Sections 79, 79(1), 86(1), 94(2), 158, 173, 174 and 175; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; Mimansa Rules; State Grid Code; Constitution of India - Article 14; Arbitration and Conciliation Ordinance, 1996

Reported in : AIR2008SC1921; 2008(2)ARBLR1(SC); 2008(2)AWC1238(SC); (2008)2CompLJ357(SC); 2008(4)CTC539; 2008LC(SC)1; (2008)3GLR2246(SC); JT2008(3)SC336; (2008)4MLJ573(SC); (2008)4SCC75; 2008AIRSCW2169

Ahmedabad (hereinafter in short 'the Commission') by Application No. 873 of 2005 made under Section 86(1)(f) of the Electricity Act, 2003 (hereinafter in short 'the Act of 2003').8. Since the Nigam did not send its approval for appointment of … Essar Power Limited.22. The appellant company then approached the Gujarat Electricity Regulatory Commission under Section 86(1)(f) of the Electricity Act, 2003 whereas Essar Power Limited filed a petition in the Gujarat High Court under Section 11(5) and (6) of

Mumbai Metropolitan Region Development Authority Vs. Reliance Energy L ...

Court : Mumbai

Subject : Land Acquisition

Ahmedabad (hereinafter in short "the Commission") by Application No. 873 of 2005 made under Section 86(1)(f) of the Electricity Act, 2003 (hereinafter in short "the Act of 2003"). 8. Since the Nigam did not send its approval for appointment … providing for adjudication of disputes between the licensee and the generating companies. 34. Section 174 provides that the Electricity Act, 2003 will prevail over anything inconsistent in any other law. In our opinion the inconsistency may be express or

Venkateshwara Alloys (P) Ltd. Vs. State of Goa and ors.

Court : Mumbai

Subject : Electricity

Acts : Companies Act, 1956; Indian Electricity Act, 1910 - Sections 2(1), 21, 22, 22A, 22B, 23, 24, 24(1), 51A and 53; Electricity Act, 2003 - Sections 56, 56(1) and 185(2); Electricity Rules - Rules 29 and 31; Constitution of India - Article 226

Reported in : AIR2009Bom106

tendered; and such position of law continues to exist in the analogus provisions under Section 56 of the Electricity Act, 2003; and as such under both the laws old as well as new there is no provision for permanent … Electricity Act, 1910, learned Advocate Shri Kakodkar for the petitioner alluded to the new Electricity Act, namely the Electricity Act, 2003 and submitted that there is no provision for permanent disconnection of the electricity supply to the consumer under

Ptc India Ltd. Vs Jaypee Karcham Hydro Corporation .

Court : Delhi

Subject : Land Acquisition

to trade in electricity by Central Electricity Regulatory Commission (hereinafter referred to as "CERC") under Section 14 of Electricity Act, 2003. In terms of Clause 3.1.3(iv) of PPA, the appellant/trading company entered into back to back Power Sale Agreements … Himachal Pradesh to be developed by the respondent. The respondent is a generating company as defined in the Electricity Act, 2003.4. The appellant company has been granted license to trade in electricity by Central Electricity Regulatory Commission (hereinafter referred

Shri Sathya Sai Warehousing and Logistics Park (Sss ) Pvt.Ltd. Vs. the ...

Court : Chennai

Subject : Electricity

Acts : Electricity Act, 2003. - Sections 68, 164, 185(2)(b); Indian Electricity Act, 1910 - Sections 12(1)(2), 18; Indian Telegraph Act, 1885 - Sections 10, 12, 16; Constitution of India - Article 226, 21

approval granted in G.O.Ms.No.102 Energy (C3) Department, dated 10.12.2009 as provided under Sections 68 and 164 of the Electricity Act, 2003. The Superintending Engineer also stated that the technical feasibility was considered at the time of drawing the proposal … that since the erection of the tower lines is as per approved scheme under Section 164 of the Electricity Act 2003, the petitioner should co-operate in its implementation. Challenging the said reply Mr.V.Parthiban, learned counsel appearing for the petitioner

Ahmedabad Electricity Company Limited Vs. Ramesh D. Devnani

Court : Gujarat

Subject : Electricity

Acts : Income Tax Act, 1961 - Sections 297; Industrial Disputes Act, 1947; The Urban Land (Ceiling and Regulations) Act, 1976; Constitution of India - Articles 14, 20(1), 226 and 227; Electricity Act, 2003 - Sections 15, 126, 126(1), 126(2), 127, 135 to 139, 145, 153, 153(1), 154(5), 185(2), 185(3) and 185(5); Electricity Act, 1910 - Sections 12 to 18, 21(2), 24, 37, 39, 39A, 40, 44, 53 and 67 to 69; Code of Civil Procedure (CPC) - Sections 9; Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commission Act, 1998; Electricity Rules, 1956; General Clauses Act, 1897 - Sections 6; Gujarat Electricity Industry (Reorganisation and Regularisation) Act, 2003 - Sections 21; Bombay Land Revenue Code, 1879

Reported in : AIR2005Guj66; (2005)2GLR1202

City Civil Court has no jurisdiction to entertain the civil suit in view of the provisions of the Electricity Act, 2003, especially in view of section 145 thereof and has also prayed to quash and set aside the order … Court has no jurisdiction to entertain the civil suit for the case filed under section 135 of the Electricity Act, 2003 as the same is barred by section 145 of the Electricity Act. The petitioner company has also lodged

The Executive Engineer (Distribution), Tamil Nadu Electricity Board Vs ...

Court : Chennai

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 126(5), 126, 126(6), 135 to 139, 153(5), 154, 172, 185, 185(1), 185(2) and 185(5); Indian Electricity Act, 1910; Electricity (Amendment) Act, 2007; Electricity Supply Act, 1948 - Sections 49; Electricity Supply Act, 1943; General Clauses Act, 1897 - Sections 6 and 6(1); Electricity Regulatory Commissions Act, 1998; Employees State Insurance Act, 1948; Constitution of India - Article 14; Electricity Rules; Electricity Regulations

Reported in : AIR2008Mad148; (2008)2MLJ812

Court, has disposed of the writ petitions holding as follows:Under the new Section 126(5) and (6) of the Electricity Act, 2003, in respect of the supply other than domestic or agricultural, the maximum period of levy for the assessment … assessments in question were made following the thefts committed prior to the coming into being of the new Electricity Act, 2003, which came into force only from 10.6.2004. but the learned single Judge has proceeded under the wrong impression

Central Power Distribution Co. and ors. Vs. Central Electricity Regula ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 79(1); Electricity Regulatory Commissions Act, 1998 - Sections 2(32), 28, 28(1), 28(2), 28(3), 29, 33, 33(3), 79(1), 86, 86(1) and 178(2); Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 - Regulation 15

Reported in : AIR2007SC2912; 2007(2)BLJR2461; JT2007(10)SC238; 2007(10)SCALE72; (2007)8SCC197

provided in the order of the CERC by its order dated 4.1.2000 be implemented under the provisions of Electricity Act, 2003, particularly when there is no provision under the statute that allows the CERC to levy Unscheduled Interchange Charges? … the order dated 4.7.2005 passed by the Commission in discharge of its power under Section 79(1)(a) of the Electricity Act, 2003 cannot be justified. It is further argued under Section 79(1)(c) the Central Commission can only regulate inter-State transmission

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

Subject : Arbitration

that the KERC acted beyond its jurisdiction by entering upon adjudication under Section 86 (1) (f) of the Electricity Act, 2003 in taking up and deciding the petition filed by the... RESPONDENTS and also in issuing interim injunctions in … short Act 1999) was enacted under Karnataka Act No 25 of 1999 vide Gazette dated 21.8.1999 and The Electricity Act, 2003 (for short Act 2003) Act No.36 of 2003 vide notification dated 10.6.2003.6.... RESPONDENTS filed a petition before the

Ptc India Limited Vs. Jaiprakash Power Ventures Ltd.

Court : Delhi

Subject : Land Acquisition

Jaypee Karcham, the predecessor-in-interest of JPVL, a generating company within the meaning of Section 2 (28) of the Electricity Act, 2003 (‘EA’) was incorporated on 29th April 2002 for implementing the project comprising of four units of 250 MW … the present case we have already noted that there is an implied conflict between Section 86(1)(f) of the Electricity Act, 2003 and Section 11 of the Arbitration and Conciliation Act, 1996 since under Section 86(1)(f) the dispute between licencees