India in "Civil Appeal Nos. 5399-5400 of 2016
( Energy Watchdog vs. Central Electricity Regulatory Commission and Others )
Page 17 of 52
Appeal ... theEnergy
Watchdog Judgment".
27. In the light of the Energy Watchdog Judgment, the Hon‟ble Supreme
Court dismissed the said appeals filed
with force majeure have been analysed by the Supreme Court in Energy
Watchdog v. Central Electricity Regulatory Commission, (2017) 14 SCC
80. A Co-ordinate ... summarized
the law laid down by the Supreme Court in Energy Watchdog supra in the
following manner:
"64. The law relating to Force Majeure
immediate basis as planned by STU;
(ii) The Supreme Court in Energy Watchdog v. Central Electricity
Regulatory Commission 1 held that
observations of Hon'ble
Supreme Court in the case of Energy Watchdog v. CERC & Ors (2017) 14
SCC 80 to the following effect ... further to buying utilities on back-to-back basis. In Energy
Watchdog (supra), the Hon'ble Supreme Court had also held thus
consonance with the view expressed by the Supreme Court. In Energy
Watchdog v. CERC & Ors.,13 relying upon the earlier decision Satyabrata
Ghosh ... Lastly, reliance placed on the judgments in Energy Watchdogs v.
Central Electricity Regulatory Commission & Ors ;16 ( ii) Coastal Andhra
Power Limited v. Andhra Pradesh
being made to rulings of Hon'ble Supreme Court in
Energy Watchdog & Ors vs. CERC & Ors. (2017) 14 SCC 80 and Uttar ... published
in official gazette to have the force of law. In Energy Watchdog & Ors.
(supra), for illustration, even a letter of the Ministry
Electricity
Policy. Placing reliance on the judgment of this Court in Energy
Watchdog v. Central Electricity Regulatory Commission
and Others
Apex Court in Satyabrata
Ghose v. Mugneeram Bangur and Company6, Energy
Watchdog v. Central Electricity Regulatory
Commission7 and National Agricultural Co-Operative
Marketing Federation
judgement
rendered by the Hon‟ble Supreme Court in re.: Energy Watchdog v. Central
Electricity Regulatory Commission & Ors. : (2017) 14 SCC 80 wherein
policy
as held by the Supreme Court in the matter of Energy Watchdog Vs. CERC &
Ors. reported in (2017) 14 SCC 80. The first