Supreme Court of India· 03 September 2026

Can the Supreme Court interfere under Article 136 with an interim measure of a High Court that is not shown to be perverse?

M/S. AMALGAM STEELS AND POWER LTD v. ENERGY WATCHDOG AND ORS

2026 INSC 954
Coram: Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe

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Answer

No, ordinarily not. An interim measure adopted by a High Court which cannot be termed as perverse does not warrant interference by the Supreme Court at that stage under Article 136 of the Constitution of India.

Headnote

Electricity Act, 2003 — s.79 — s.86 — s.94 — Article 136 of the Constitution of India — Exhaustive regulatory regime — Interference with interim order — Electricity Act, 2003 — ss.79, 86 — Exhaustive regulatory code, no unallocated residue — Held: The Electricity Act, 2003 is an exhaustive code for all matters concerning electricity. After the unbundling of electricity and the constitution of the Central and State Regulatory Commissions, there is no unallocated regulatory residue left outside the regulatory bodies. (¶9) Article 136 of the Constitution of India — Interim order not perverse — no interference — Held further: The Supreme Court will not interfere under Article 136 of the Constitution with an interim measure adopted by a High Court unless it can be termed perverse. Finding the interim direction not perverse, the Court declined to interfere and disposed of the Special Leave Petition without expressing any opinion on the merits. (¶12, 14, 15)

In the Court's own words

Paragraph 12We are conscious of the fact that proceedings have been initiated by JBVNL against the petitioners for violation of the CPP Agreement, and respondent no. 1 is not privy to the aforesaid agreement. However, in the peculiar facts and circumstances of the case, High Court came to the conclusion that it is necessary to bring full facts to the notice of JBVNL through a party other than the petitioners so that an appropriate decision could be reached. The High Court has found it compelling to adopt an interim measure in the peculiar facts of the case which in our opinion cannot be termed as perverse, warranting any interference at this stage under Article 136 of the Constitution of India.

Acts & Sections

Article 136 of the Constitution of Indias.79 Electricity Act, 2003s.79(3) Electricity Act, 2003s.86 Electricity Act, 2003s.86(1)(f) Electricity Act, 2003s.86(3) Electricity Act, 2003s.94 Electricity Act, 2003s.94(3) Electricity Act, 2003

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Also decided in this judgment

Does the Electricity Act, 2003 leave any regulatory residue outside the Central and State Regulatory Commissions once electricity has been unbundled?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections