LexDraft · Judgments

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

Supreme Court of India · 2017 INSC 41 · 2017

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 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. 2. No doubt, there is a provision under Clause 6.2 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. 3 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 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