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
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.
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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
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