Supreme Court of India
M/s Amalgam Steels and Power Ltd. v. Energy Watchdog
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What the Court ordered
We are of the opinion that facts presented before the High Court by respondent no. 1 Energy Watchdog seem to have given an impression to the High Court that all is not well in the inquiry which is to be conducted by JBVNL against respondent nos. 1 and.
Judgment, page 6
In brief
Petitioner no.1 operated a captive power plant and, under a CPP Agreement with Jharkhand Bijli Vitran Nigam Ltd. (JBVNL) dated 17.05.2012 (renewed in 2017 and 2023), supplied surplus power to petitioner no.2. Respondent no.1, 'Energy Watchdog', complained to the State Energy Department in April 2024 that petitioner no.2 was consuming this power without valid 'captive user' status under Rule 3 of the Electricity Rules, 2005 and sought action under Section 135 of the Electricity Act, 2003; a fact-finding inquiry followed, and it also filed a PIL seeking a declaration that the supply without open access approval or captive status was illegal, plus investigation and recovery of losses to the State utility.…
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