Supreme Court of India

Uttar Haryana Bijli Vitran Nigam Limited and Another v. Adani Power (mundra) Limited and Another

Neutral citation
Bench B.R. Gavai and Vikram Nath JJ.
Decided 20 April 2023

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.

What the Court ordered

We are of the view that though change in Indonesian law would not qualify as a change in law under the guidelines read with the PPA, change in Indian law certainly would.

Judgment, page 3

From the headnote

Electricity – Change in Law – new regime for allocation of coal under SHAKTI Policy was brought into effect in 2017 whereunder, the projects approved under the old regime were entitled to continue to get supply of 75% of the Assured Coal Quantity (ACQ) even beyond 31st March 2017 – Contending that there was a shortfall from 75% ACQ, first respondent filed petition claiming relief for shortfall on account of Change in Law – Claim allowed by CERC – Appeal filed by appellants before APTEL, dismissed – Held: All the grounds raised before APTEL were raised and considered, and held against DISCOMs…

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