Judgement of the Supreme Court on the issue of Gujarat Electricity Regulatory Commission extending the control period of the Solar Semiconductor Power Company, 25/10/2017

  • 25/10/2017

Judgement of the Supreme Court of India in the matter of Gujarat Urja Vikas Nigam Ltd vs Solar Semiconductor Power dated 25/10/2017. The issue before the Supreme Court is whether the Gujarat Electricity Regulatory Commission, in exercise of its inherent powers, could have extended the control period for the Solar Semiconductor Power Company (India) Private Limited & Others. The control period is the period during which a particular tariff order operates. S

Supreme Court rules that Solar Semiconductor Power is bound by the terms and conditions of PPA entered into between the Solar Semiconductor Power and Gujarat Urja Vikas Nigam by mutual consent and that the Gujarat Electricity Regulatory Commission was not right in exercising its inherent jurisdiction by extending the first control period beyond its due date and thereby substituting its view in the PPA (power purchase agreement), which is essentially a matter of contract between the parties.