M/S Waaneep Solar Private Limited vs State Of Ap on 24 September, 2019
He also relies upon
National Energy Trading and Service Ltd., v. Central
Power Distribution Company of A.P. Ltd.9 to argue that
once the rate is fixed, even the APERC cannot interfere in the
matter again and upon Delhi Development Authority v.
Joint Action Committee, Allottee of SFS Flats10 to argue
that once a contract has been concluded, the same cannot be
altered or modified unless the same is permitted by the
contract or as per law. He points out that in the case on
hand, there is no clause in the contract or in the 2003 Act,
8
AIR 1960 SC 588
9
2013 (4) ALT 381
10
(2008) 2 SCC 672
13
which permits the State to unilaterally decide a new rate.