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New Delhi: The Supreme Court on Wednesday sought Tata Power’s response to an appeal filed against the Andhra Pradesh High Court’s order holding that tariffs fixed under long-term power purchase agreements (PPA) cannot be revised by the state’s Electricity Regulatory Commission.
A bench comprising Justice DY Chandrachud and Justice PS Narasimha issued a notice to Tata Power Renewable Energy Limited on the petition. By Andhra Pradesh Southern Power Distribution Company Limited.
“The notice is returnable on February 10, 2023. A short written record of the submission, if any, will be filed now,” the bench said.
The power distribution company filed a petition through advocate Mahfooz A Nazki saying that the High Court’s findings were exfacie (on its face) contrary to the specific provisions of the Electricity Act.
“The High Court erred in not appreciating that the PPA was not a simple contract as contemplated under the Indian Contract Act, 1872 but a regulated contract under the Electricity Act,” it said.
The High Court in its order dated March 15, 2022 has held that under no circumstances can the tariff mentioned in the PPA be revised/updated by the Commission.
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