Gujarat Urja Vikas Nigam Limited vs Green Infra Corporate Wind Private Limited 2025 INSC 922 - Electricity Act

Electricity Act 2003 -The price at which power is to be procured by a distribution licensee from a generating company is not a matter of consensus and private agreement between the parties as it is to be fixed statutorily by the Appropriate Commission. [Context: SC held that GUVNL cannot, therefore, fix its own price or bind a generating company to such price, contrary to the dictum of the GERC. ] (Para 21)

GUVNL - While dismissing appeal filed by GUVNL, SC observed: GUVNL cannot be guided only by its own commercial interests, like a private business entity and it’s conduct, as a State-instrumentality, must be of the standard of a model citizen. However, patently unfair treatment was sought to be meted out by GUVNL to the respondent companies by binding them to a rate that was wholly inapplicable to them. Such conduct, akin to a Shylock, does not reflect positively upon GUVNL.(Para 24)