VidhiSangh

Supreme Court of India · 24/08/2022

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND versus ADANI POWER (MUNDRA) LIMITED AND ANOTHER

[2022] 11 S.C.R. 102 · 2022 INSC 862

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Adani Power (Mundra) had to install flue gas desulphurisation (FGD) equipment under an environmental-clearance condition, a change in law under its power purchase agreements with Haryana's distribution licensees. The CERC allowed compensation for the FGD but not carrying cost for the period before its order. The Appellate Tribunal for Electricity granted carrying cost from the change-in-law event, with interest on a compounding basis. The procurers accepted carrying cost but contested compound interest, arguing that the PPA allowed compounding only for late payment surcharge and that they were not at fault for the delay. The Supreme Court dismissed their appeal. Article 13.2's restitutionary principle requires restoring the generator to the same economic position, and since it borrowed at monthly-rest interest, only compound interest on carrying cost achieves full restitution.

Issues

  1. Whether carrying cost payable to a generator for a change-in-law event under the PPA bears simple interest or compound interest
  2. Whether the procurers' lack of fault for the delay in determination, or the absence of an express compounding provision outside the late payment surcharge clause, excludes compound interest

Provisions considered

Held

Result

Appeal dismissed; the Appellate Tribunal's judgment of 12.08.2021 granting carrying cost with interest on a compounding basis from the change-in-law event was upheld.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 102.