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Supreme Court of India 2018-02-16 allowed

Transmission Corporation of Andhra Pradesh Ltd. and Others vs GMR Vemagiri Power Generation Ltd. and Another

Bench: 2 — Navin Sinha

In Brief

A power generation company sought to use Regasified Liquefied Natural Gas (RLNG) as fuel under a Power Purchase Agreement (PPA) that specified "natural gas only." The state electricity board opposed this, citing cost concerns and the contract's plain language. The court held that "natural gas only" means natural gas in its natural form, not RLNG. Although RLNG is a variant of natural gas, the parties' intent—evident from the contract's evolution prioritising cost and consumer interests—excluded RLNG. The respondent's own letters seeking permission to use RLNG confirmed this understanding. Sporadic prior use under emergency orders did not alter the contract's plain meaning. The court affirmed the regulatory commission's decision and reversed the appellate tribunal.

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Contract Law Energy Law Electricity Interpretation of Contracts Natural Gas Regulation

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