Tamil Nadu Generation and Distribution Corporation Ltd. v. Penna Electricity Limited; 2025 INSC 1439 - Electricity Act -Power Purchase Agreement
Note
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Electricity Act -Power Purchase Agreement (PPA) - Terms and conditions of a PPA are not unregulated and are subject to approval by the Commission - even existing PPAs had to be modified and aligned with the regulations made by the Regulatory Commission.
Case Info
- Case name: Tamil Nadu Generation and Distribution Corporation Ltd. v. M/s Penna Electricity Limited
- Neutral citation: 2025 INSC 1439
- Coram: J. B. Pardiwala, J. and K. V. Viswanathan, J. (Judgment authored by K. V. Viswanathan, J.)
- Judgment date: 16 December 2025
- Caselaws and citations:
- Tata Power Company Limited v. Reliance Energy Limited and Others, (2009) 16 SCC 659.
- PTC India Limited v. Central Electricity Regulatory Commission, (2010) 4 SCC 603.
- KKK Hydro Power Limited v. Himachal Pradesh State Electricity Board Limited and Others, 2025 SCC OnLine SC 1847.
- State of Himachal Pradesh v. JSW Hydro Energy Ltd., 2025 SCC OnLine SC 1460.
- Statutes/laws and regulations referred:
- Electricity (Supply) Act, 1948 — Section 43A(2).
- Government of India (Ministry of Power) Tariff Notification dated 30.03.1992 (under Section 43A(2)).
- Electricity Act, 2003 — Sections 61 (and proviso), 62, 63, 79, 86(1)(b), 125.
- Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 — Regulations 14(x), 14(xi), 14(xv), 14(xxiii), 14(xxiv), 15.
- Tamil Nadu Electricity Regulatory Commission Tariff Regulations, 2005 — including Regulation 4 and Regulation 35.
