Section 94: Powers of Appropriate Commission

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 94

Section 94 of the Act equips the Appropriate Commission with the powers of a civil court under the Code of Civil Procedure, 1908, empowering it to summon witnesses, enforce discovery, receive affidavit evidence, and pass interim injunctions.

  • Plenary Civil Court Powers under CPC 1908: Vests the Commission with civil court powers regarding: (a) summoning and enforcing attendance on oath, (b) compelling discovery and production of books, (c) receiving evidence on affidavits, and (d) issuing commissions.
  • Power of Interim Orders & Injunctions: Empowers the Commission to grant interim injunctions, status-quo orders, and directions to prevent irreparable harm pending final adjudication.
  • Deemed Civil Court Status for Judicial Contempt: Declares all proceedings before the Commission to be judicial proceedings within the meaning of Sections 193 and 228 of the IPC / BNS, 2023, and confers contempt powers.
Key Landmark Precedents:
  • Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. (2008) 4 SCC 755: Supreme Court affirmed that the Commission functions as a specialized court of plenary civil jurisdiction equipped with full powers to grant interim relief and enforce decrees.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Constitution Bench affirmed that powers under Section 94 enable the Commission to conduct thorough factual inquiries into complex utility accounts.
  • Energy Watchdog v. CERC (2017) 14 SCC 80: Affirmed the Commission's authority to evaluate evidence on affidavit in major commercial power disputes.
Courtroom Practice & Strategic Litigation Guidance:

In urgent PPA termination or bank guarantee encashment disputes, file an interlocutory application under Section 94(2) praying for an ex-parte ad-interim stay; the Commission possesses full civil court authority to restrain encashment pending final hearing.