In Brief
Power Grid Corporation challenged a High Court decision that admitted writ petitions by Madhya Pradesh Power Transmission Company against CERC orders imposing transmission charge liability. The Supreme Court held that the CERC possesses both regulatory and adjudicatory powers under Section 79 of the Electricity Act, 2003, which extend beyond mere adjudication. The Court established that regulatory powers under Section 79 are ad hoc in nature and can fill gaps not addressed by general regulations under Section 178. The CERC's imposition of liability on the delayed party was a regulatory function justified by commercial principles and consumer protection. The Court allowed the appeal and set aside the High Court judgment, ruling writ petitions cannot be maintained when statutory alternatives under Section 111 exist, unless exceptional circumstances apply. The Court directed that APTEL is the appropriate forum for challenging the merits of the CERC's decision.
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