# In the matter of PTC India Limited vs. MB Power (Madhya Pradesh) Limited & Ors.

> NCLAT judgment dated 2025-04-01. Citation: TCN-2025-NCLAT-00139. The case arises out of an impugned final judgment and order dated 13-01-2023 passed by the…

- **Court:** NCLAT
- **Order date:** 1 Apr 2025
- **Citation:** TCN-2025-NCLAT-00139
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ptc-india-limited-vs-mb-power-a342b12b

## Summary

### Background

The case arises out of an impugned final judgment and order dated 13-01-2023 passed by the High Court of Delhi at New Delhi in IA No. 7249/2022. The petition is a Special Leave to Appeal (C) No. 5276/2023.

## Facts

PTC India Limited filed a Special Leave to Appeal against a judgment and order dated 13-01-2023 passed by the High Court of Delhi. The case involves the interpretation of Section 79(1) of the Electricity Act, 2003, specifically clauses (b), (c), and (f), concerning the power to 'regulate' in the electricity industry. The petitioner argues that this power extends beyond framing regulations to regulating trade. The court has drawn attention to a previous Constitution Bench judgment in “PTC India Limited v. Central Electricity Regulatory Commission, through Secretary”. The matter was called for hearing on 01-04-2025, and the court scheduled further hearing in the week commencing 11.08.2025, continuing the interim order.

## Issues and analysis

### Issue 1: Whether the power to 'regulate' under Section 79(1) of the Electricity Act, 2003, extends beyond …

**Ratio:** The ratio is based on the interpretation of the term 'regulate' as used in Section 79(1)

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**Reasoning:** The court needs to determine the scope of the term 'regulate' as used in the Electricity

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**Interpretation:** The interpretation of 'regulate' is central to the issue. The court will likely

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**Application:** The court will apply its interpretation of 'regulate' to the specific facts of

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## Parties

- **Judges:** THE CHIEF J…; Sanjay…
- **Appellants:** PTC INDIA L…
- **Respondents:** MB POWER (MADHYA…

## Timeline

- **2023-01-13 — High Court…**: Impugned final judgment and order passed by the…
- **2025-04-01 — Hearing…**: The matter was called…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 79(1) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-79)

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