PSERC affirms the stand taken by PSPCL and denies in-principle approval to TSPL for expenditure ‘yet to be incurred’.
In the dynamic landscape of the energy sector, the recent PPA dispute between TSPL and Punjab State Load Dispatch Centre stands out as a testament to the challenges of intertwining legal frameworks, contractual obligations, and public interest. Delve into this case to understand the intricate balance between sector-specific agreements and the broader societal implications they carry.
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The Implications of the PPA in TSPL v. Punjab State Load Dispatch Centre
In the dynamic landscape of the energy sector, the recent PPA dispute between TSPL and Punjab State Load Dispatch Centre stands out as a testament to the challenges of intertwining legal frameworks, contractual obligations, and public interest. Delve into this case to understand the intricate balance between sector-specific agreements and the broader societal implications they carry.
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Punjab State Commission Dismisses Unauthorized Power Injection Claim
The Punjab State Electricity Regulatory Commission (‘State Commission’) in its recent decision in the matter M/s Winsome Yarns Limited – the Captive Generating Plant (‘CGP’) v. Punjab State Power Corporation Limited and Anr., while dismissing the Petition in limine has ruled in favour of the Punjab State Transmission Corporation Limited (‘PSTCL’) and the Distribution Licensee – Punjab State Power Corporation Limited (‘PSPCL’).
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Supreme Court Clarifies Priority of Secured Creditors over Government Dues in Insolvency Cases
In a recent landmark judgment, the Supreme Court clarified the hierarchy of debt repayment in insolvency cases, emphasizing that secured creditors enjoy higher priority than dues owed to the Central or State Government. The Court highlighted the overriding effect of Section 238 of the Insolvency and Bankruptcy Code (IBC), stating that it supersedes provisions of other specific enactments such as the Electricity Act, 2003. This decision provides essential clarity on the treatment of government dues and reaffirms the principles of the waterfall mechanism under Section 53 of the IBC.
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Supreme Court’s Ruling on Change in Law Claims: Haryana Discoms vs GMR Kamalanga Energy Limited
What’s the impact of the Supreme Court ruling in favour of Haryana Discoms over GMR’s Change in Law claims? Unravel the legal complexities of this significant judgment here.
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Delhi High Court holds that an Arbitration clause does not survive on Novation of the Contract
Recently, on 02.06.2023, the Delhi High Court passed a judgement in the case of B.L Kashyap and Sons Ltd Vs. Mist Avenue Private Ltd dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for setting aside an Arbitral Award. The issue involved was whether an arbitration clause survive on the novation of the contract.
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APTEL Stays The Order of Central Commission Allowing The Claim for Deemed Fixed Charges From Distribution Licensees Not Procuring Any Power As Claimed Under the Section 11 Directions Issued By The Ministry of Power
On 18.04.2023, the Hon’ble Appellate Tribunal for Electricity (‘APTEL’) passed an order in an Appeal filed by Haryana and Punjab Utilities, staying the Order dated 03.01.2023 passed by the Central Electricity Regulatory Commission (‘CERC’) in the Petition filed by Tata Power Company Limited (‘Tata Power’) seeking compensation on account of the ‘adverse financial impact’ in terms of Section 11(2) of the Electricity Act, 2003.
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Decoding the Supreme Court’s Stance on Unstamped Arbitration Agreements: A Legal Perspective
Delve into the recent verdict by the Supreme Court of India on unstamped arbitration agreements and its potential impact on arbitration practices in India. Explore the legal rationale and the implications for future proceedings with R Associates.
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Supreme Court rules in favour of the Haryana Discoms allowing Inter-Plant Transfer of Coal as a “Change in Law Event”
Analysis of the historic Supreme Court ruling allowing Inter-Plant Transfer of Coal as a “Change in Law Event”. The ruling benefits Haryana Discoms and establishes the principle of passing on savings from change in law to the Distribution Licensees and consumers.
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Central Electricity Regulatory Commission (‘CERC’) allows Time Over Run and Cost Over Run on account of Changes in Law and Force Majeure Events encountered by POWERGRID NM Transmission.
The Central Electricity Regulatory Commission (CERC) has given a green signal to cost and time overruns in POWERGRID NM Transmission’s project due to changes in law and force majeure events. Read the detailed analysis and insights here.
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