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“If the Corporate Debtor operates as a manufacturing facility, then electricity may be treated as critical service by the insolvency professional and the dues for such services must be paid.”
The Court held that the petitioner approached the Court raising hue and cry about the violation of the principle of natural justice with an oblique motive to create a defence at the appellate stage, immediately after the culmination of the proceedings before the Consumer Forum.
“As per transfer scheme issued under Section 131 of Electricity Act 2003, the Distribution companies cannot be treated as successors in the interest of the Bihar State Electricity Boards in respect of any surplus found in the books of BSEB relating to the period prior to re-organisation.”
The Court directed the State to file a more comprehensive report indicating the measures taken to obtain additional power from the national grid and other sources that are available to reduce the shortfall.
The Court directed State and Meghalaya Energy Corporation Limited to file affidavit indicating the plans for meeting the demands of electricity and actions during accidental shutdown of power plant.
Calcutta High Court observed that no sum due will be recoverable from any consumer after a period of two years from the date when such sum first became due unless such sum was shown continuously recoverable as arrears of charges of electricity supply.
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.
On 27-1-2023, the Ministry of Power notified the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023 to amend
Kerala High Court observed that concession or benefit of subsidy can be withdrawn prospectively and not retrospectively, by the Government.
Allahabad High Court said that challenge to demand notice for electricity dues, issued jointly in name of Directors of the insolvent company cannot be sustained on the ground that liabilities of guarantor stood automatically discharged on acceptance of Resolution Plan.
The Supreme Court of Appeal dismissed an appeal against the judgment and order of the High Court of South Africa, directing the applicant, Eskom to supply electricity to the two defaulting municipalities pending the institution of review proceedings.
Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.
Manipur High Court: In a writ petition filed challenging the compensation awarded by the Lower Court, the division bench of
Delhi High Court: In a PIL filed on behalf of the Hindu Migrants who have come from Pakistan to India, and are
Supreme Court: In a big win for Adani Power Limited, the 3-judge bench of NV Ramana, CJI and Krishna Murari and Hima
Tripura High Court: Arindam Lodh, J. allowed a writ petition issuing directions to the Tripura State Electricity Corporation Limited to pay all
Gujarat High Court: A.S. Supehia, J. has allowed a writ petition which was filed after the respondent authorities denied to
Calcutta High Court: Sabyasachi Bhattacharyya, J. allowed a petition directing the CESC Ltd. to restore the electricity supply of the petitioner unconditionally.
Orissa High Court: Narendra Kumar Vyas, J., directed the petitioner to approach Civil Court as the writ court cannot pronounce the legal