News and developments
M/S. DAKSHIN GUJARAT VIJ COMPANY LIMITED V. M/S. GAYATRI SHAKTI PAPER AND BOARD LIMITED AND ANOTHER, ETC._ CIVIL APPEAL NOS. 8527-8529 OF 2009
and another dated 22.09.2009, which decision was held to be per incuriam on several findings in Tamil Nadu Power Producers Association v. Tamil Nadu Electricity Regulatory Commission (“TNPPA”) dated 07.06.2021.
Vide the said decision, the Hon’ble Supreme Court has adjudicated upon the following three vital issues concerning interpretation of Rule 3:
-
- Eligibility criteria for a CGP/captive user under Rule 3(1)(a) of the Rules;
- Interpretation of the second proviso under Rule 3(1)(a) of the Rules and in particular the words “Association of persons”;
- Whether a company set up as a Special Purpose Vehicle for generating electricity is an, “association of persons”, in terms of the second proviso to Rule 3(1)(a) of the Rules.