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Supreme Court of India

Maharashtra State Electricity Distribution Company Limited v. Maharashtra Electricity Regulatory Commission & Ors.

Neutral citation
Bench Indira Banerjee and V. Ramasubramanian JJ.
Decided 8 October 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the aforesaid categorical statement of law, we would accept the submission of Mr Nariman that the tribunal such as the State Commission in deciding a lis, between the appellant and the respondent discharges judicial functions and exercises judicial power to the State.

Judgment, page 63

From the headnote

Electricity Act, 2003: s.125 – Appeal to Supreme Court – Interference with – Power purchase agreements – Change in law –On facts, petition u/s. 86 by the appellant-State Electricity Distribution Company seeking that the change in interest rate system by the RBI from Prime Lending Rate (PLR) to Base Rate and then to Marginal cost of funds based lending rate (MCLR) constituted change in law under the power purchase agreements between the appellant and the “Power Generating Companies”, so as to alter the rate of Late Payment Surcharge(LPS) payable by the appellant to the power generating…

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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