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Supreme Court of India 2023-10-09 allowed

NABHA POWER LIMITED vs PUNJAB STATE POWER CORPORATION LIMITED

Bench: 3 — Sanjay Kishan Kaul, Sudhanshu Dhulia, Aravind Kumar

In Brief

Nabha Power Limited challenged a Regulatory Commission order that maintained a petition by Punjab State Power Corporation Limited seeking refund of Rs. 386.80 crores and challenging matters settled by an earlier Supreme Court judgment on coal washing costs and Gross Calorific Value (GCV) calculations. The Supreme Court held that the liberty granted to raise 'future disputes' in a contempt order did not permit re-litigation of matters authoritatively closed by the 2017 judgment. Reopening settled contractual disputes to evade payment obligations was impermissible. The Court set aside the Commission's order, allowed the appeals with costs, and cautioned against further evasion attempts.

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