Bangladesh Energy Regulatory Commission Act, 2003
Section 24
গ্যাস বিপনন নিয়মাবলি, ২০১৪
Regulation 11.9
Independent Power Producer (IPP) under the policy of 1996
Bangladesh Energy Regulatory Commission under policy 2008
The writ-petitioner did not obtain any permission from the Government as Independent Power Producer (IPP) under the policy of 1996 and it has obtained permission from the Bangladesh Energy Regulatory Commission under policy 2008 as Commercial Power Plant (CoPP). This Policy Clearly speaks that CoPP will not be entitled to any gas supply as of right. .....Paschimanchal Gas Company Ltd. =VS= Manticore Technologies Ltd. , (Civil), 2023(2) [15 LM (AD) 496] ....View Full Judgment

Bangladesh Energy Regulatory Commission Act, 2003
Sections 24, 27 and 28
গ্যাস বিপনন নিয়মাবলি, ২০১৪
Regulation 11.9
Commercial agreement–– The High Court Division further committed error in not considering the fact that the commercial agreement between the writ-petitioner and BEPZA for selling power to BEPZA and the lease agreement between them without obtaining required permission from the concerned Ministry as per law for setting up power plant, the signing of commercial agreement between the writpetitioner and BEPZA does not create any right in favour of the writ-petitioner for getting gas supply from the writ-respondents. ––The Government having improved electricity condition in Ishwardi region, now there is supplied electricity in Ishwardi region and Rooppur Nuclear Plant is located within 4KM Radius for Ishwardi EPZ area and there is no necessity for further Generation of Electricity in Ishwardi EPZ area. .....Paschimanchal Gas Company Ltd. =VS= Manticore Technologies Ltd. , (Civil), 2023(2) [15 LM (AD) 496] ....View Full Judgment

The Arbitration Act, 2001
Section 43
Bangladesh Energy Regulatory Commission Act
Section 40
The Substantive PPA and the Supplemental PPA-2 originated from the Private Sector Power Generation Policy of Bangladesh, 1996 and the subsequent Land Lease Agreement and Implementation Agreements executed between the Government and SPL which are indeed sovereign contracts and the Supplemental PPA-2 originated thereform cannot be termed as commercial contract. Further it would transpired from the perusal of Supplemental PPA-2 that different clauses of the agreement referred to the Substantive PPA in various ways, and as such it is clear that the Supplemental Power Purchase Agreement-2 is a continuation of the Substantive PPA of 2000 and it is not a fresh contract. ––Appellate Division is of the view that the Arbitral Tribunal constituted by the BERC had no jurisdiction to arbitrate the dispute referred by the SPL pursuant to the Clause 15.3 of the Substantive Agreement dated 10.02.2000 executed between the parties and as such arbitration proceeding and award passed by the said Tribunal are liable to be declared without lawful authority and of no legal effect. .....Bangladesh Rural Electrification Board =VS= Bangladesh Energy Regulatory Commission, (Civil), 2023(1) [14 LM (AD) 509] ....View Full Judgment