Tamil Nadu Generation And Distribution ... vs M/S Penna Electricity Ltd

insc-2025-1439 Supreme Court of India 16 December 2025 • CIVIL APPEAL NO. 5700 OF 2014 • 29 min read

5 cases cited (0 SG, 5 foreign) Cited by 1 case

Practice Areas

Any PPA executed after the enactment of the Electricity Act, 2003 Electricity (Supply) Act, 1948 Electricity Act, 2003 Electricity Regulatory Commissions Act, 1998 Provided that the terms and conditions for determination of tariff under the Electricity (Supply) Act, 1948 State Commission to determine the tariff in accordance with the provisions of the Electricity Act, 2003

Judges (2)

J.B. Pardiwala Coram K.V. Viswanathan Delivered

Parties (2)

Penna Electricity Limited Respondent Tamil Nadu Generation and Distribution Corporation Ltd Appellant

Case Significance

Tamil Nadu Generation And Distribution ... vs M/S Penna Electricity Ltd is a Supreme Court of India decision dated December 16, 2025 (citation: insc-2025-1439). Civil appeal regarding whether power supplied during open cycle gas turbine operation should be classified as 'infirm power' or 'firm power' for fixed charges under a Power Purchase Agreement. The Supreme Court dismissed the appeal, affirming that the power was 'firm power' and the respondent was entitled to fixed charges for the relevant period. The bench comprised Justices J.B. Pardiwala and K.V. Viswanathan. The judgment was delivered by Justice K.V. Viswanathan.

This case has been cited by 1 subsequent judgment. The judgment references 5 case citations.

Summary

Civil appeal regarding whether power supplied during open cycle gas turbine operation should be classified as 'infirm power' or 'firm power' for fixed charges under a Power Purchase Agreement. The Supreme Court dismissed the appeal, affirming that the power was 'firm power' and the respondent was entitled to fixed charges for the relevant period.