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The short issue arising from these appeals is whether the extension of the Scheduled Commissioning Date1 was occasioned under the force majeure clause of the Power Purchase Agreement2, and consequently,
...whether the reduction in tariff payable to the respondents is justified. While upholding the decision of the Appellate Tribunal for Electricity3 we have examined the scope and ambit of our appellate jurisdiction under Section 125 of the Electricity Act, 20034. We have held that the restrictive scope of appellate jurisdiction is a product not only of the statutory preconditions, but also a necessary measure to enable freedom to statutory regulator and Tribunal to develop sectorial laws through a principled and consistent approach.
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