VidhiSangh

Supreme Court of India · 08/10/2021

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED versus MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ORS.

[2021] 5 S.C.R. 1056 · 2021 INSC 644

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Summary

The Court dismissed the distribution company’s appeal seeking to replace the contractual SBI prime-lending-rate benchmark for late-payment surcharge with Base Rate or MCLR. RBI lending directions did not alter these power-purchase agreements, which expressly incorporated SBI PLR and required mutual agreement on a substitute if that rate became unavailable. The agreed surcharge remained enforceable; lower alleged borrowing costs did not establish unjust enrichment. No substantial question of law justified interference with the concurrent decisions or payment directions.

Issues

  1. Whether RBI’s introduction of Base Rate and MCLR changed the contractual late-payment-surcharge benchmark.
  2. Whether the agreed surcharge should be reduced on compensation, hardship or unjust-enrichment grounds.
  3. Whether the appeal raised a substantial question of law and the time-bound payment directions were permissible.

Provisions considered

Held

Result

Appeal dismissed; APTEL judgment affirming MERC’s rejection of the claim and the directions for payment of contractual late-payment surcharge left undisturbed.

Judgment PDF: Supreme Court of India, [2021] 5 S.C.R. 1056.