change in law Archives

Supreme Court explains what qualifies as ‘Change in Law’; directs DISCOMS to compensate Power Generators for all additional charges levied by State instrumentalities

Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.

Case Briefs Supreme Court

Adani power entitled to Change in Law for 100% of contracted capacity which is 70% of installed capacity of Phase IV extension of Mundra Project: Supreme Court

The Supreme Court opined that it is unjust on the part of Haryana Utilities to say that 70% of the installed capacity should be further bifurcated and the Change in Law benefit should be restricted only to 70% of the installed capacity.

Case Briefs Supreme Court

Explained| Why Supreme Court dismissed MSEDCL’s appeal against compensation to Adani Power and GMR Warora Energy due to ‘Change in Law’?

The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunal, Regulatory Bodies and Commissions Monthly Roundup | January 2023 | 25+ Legal Stories including no relief in CCI penalty on Google, TDS deduction and interest on securities, high-level committee for Yamuna pollution, no clean chit to DLF, and more

APPELLATE TRIBUNAL FOR ELECTRICITY (ATE) Bureau of Energy Efficiency takes suo motu verification test on a sample refrigerator of Whirlpool India and

Case Briefs Tribunals/Commissions/Regulatory Bodies

Principle that governs compensating a party for the time value for money would be applied for grant of interest on carrying cost on account of a change in law event; Appellate Tribunal for Electricity reiterates

The interest in ‘carrying cost' is nothing but time value for money and the only way a party can be afforded the benefit of restitution in every which way.

Case Briefs Supreme Court

Change in Indonesian Law is not a force majeure event; Power Generating Companies not entitled to compensatory tariff

Supreme Court: In the issue involving the Power Purchase Agreement (PPA) entered into by the Government and the Adani Enterprises, where the