Tuppadahalli Energy India Pvt Ltd vs Karnataka Elec. Reg. Comm.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8736 OF 2013

TUPPADAHALLI ENERGY INDIA PVT LTD Appellant(s)

VERSUS

KARNATAKA ELEC. REG. COMM. & ANR Respondent(s)

WITH

CIVIL APPEAL NOs. 10290-10291 OF 2014

J U D G M E N T

KURIAN, J.

1. On the interpretation of Clause 6.5 of the Power

Purchase Agreement, both the Karnataka Electricity

Regulatory Commission (KERC) and the Appellate

Tribunal for Electricity (APTEL) have taken a view

that it is actually an incentive for the prompt

payment of the monthly tariff invoice. Though

Sh.S.Ganesh, learned senior counsel, persuasively

submitted that it is only a one-time expenditure

contemplated under the Power Purchase Agreement, we

too are unable to accept the contention.

Signature Not Verified

2. No doubt, there is a provision under Clause 6.2 Digitally signed by JAYANT KUMAR ARORA Date: 2017.01.14 10:35:58 IST Reason: for interest on belated payment, but Clause 6.5(v) is

actually a rebate for prompt payment of the monthly

invoice. The view thus taken by the KERC and the 2

APTEL, being a plausible view, we do not find any

substantial question of law so as to warrant us to

exercise our powers under Section 125 of the

Electricity Act, 2003.

3. The appeals are, accordingly, dismissed.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ A. M. KHANWILKAR ]

New Delhi;

January 10, 2017.

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ITEM NO.1 COURT NO.7 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 8736/2013

TUPPADAHALLI ENERGY INDIA PVT LTD Appellant(s)

VERSUS

KARNATAKA ELEC. REG. COMM. & ANR Respondent(s)

(with application for stay and office report)

WITH

C.A. No. 10290-10291/2014 (With appln.(s) for stay and Office Report)

Date : 10/01/2017 These appeals were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR

For Appellant(s) Mr. S. Ganesh, Sr. Adv.

Mr. Vikas Dutta, Adv.

Mr. Siddharth Silwal, Adv.

Mr. Shadan Farasat, Adv.

Mr. Anantha Padmanabhan, Adv. Mr. P. J. Janani, Adv.

Mr. K. V. Vijayakumar, Adv.

For Respondent(s) Mr. Anand K. Ganesan, Adv.

Ms. Neha Garg, Adv.

Mr. Tushar Bakshi, Adv.

UPON hearing counsel the Court made the following O R D E R

The appeals are dismissed in terms of the signed

non-reportable Judgment

Pending interlocutory applications, if any, stand disposed

of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Signed non-reportable Judgment is placed on the file) 4