Appeal No.78 Of 2015 and I.A. No. 381 Of 2016. Case: Adani Power Rajasthan Ltd. Vs Rajasthan Electricity Regulatory Commission and Ors.. Uttarakhand High Court

Case NumberAppeal No.78 Of 2015 and I.A. No. 381 Of 2016
CounselFor Appellant: Mr. J.J. Bhatt, Sr. Adv., Mr. Amit Kapur, Ms. Poonam Verma and Mr. Gaurav Dudeja, Advs. and For Respondents: Mr. Raj Kumar Mehta, Mr. Abhishek Upadhyay and Ms. Himanshi Andley, Advs. and Mr. Sanjay Jain, ASG and Mr. Nitish Gupta, Advs.
JudgesMrs. Ranjana P. Desai, Chairperson And Mr. I.J. Kapoor, Technical Membe
IssueElectricity Act - Section 94(2)
Judgement DateAugust 03, 2016
CourtUttarakhand High Court


The present appeal is filed against Order dated 30/5/2014 passe d by the Rajasthan Commission in Case No.RERC -392/2013 to the limited extent it rejects the Appellant’s claim of Force Majeure and Change in Law . However, by the impugned order, the Rajasthan Commission has held that the Adani Power Rajasthan nevertheless is entitled to be compensated for the increase in cost of coal. The Rajasthan Commission, in exercise of its power under Section 94( 2) of the Electricity Act ( “the said Act” ) has, as an interim measure, granted compensatory tariff of 25p per unit.

By Judgment dated 7/4/2016 in Appeal No.100 of 2013 and batch matters, the Full Bench of this Tribunal has held that the Appropriate Commission has no regulatory power to grant compensatory tariff to the generating companies where the tariff is discovered by a competitive bidding process under Section 63 of the said Act. The Full Bench has also held that if a case of Force Majeure or Change in Law is made out, relief available under the PPA can be granted under the adjudicatory power of the...

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