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[Emphasis supplied]

54. The contention of the SPPDs has been that the concept of CIL enshrined in above quoted clauses of PPAs is based on restitutionary principle whereunder they are entitled to restoration to the same economic position as if CIL had not occurred, that being the intended objective of the parties. It has been submitted that the purpose of a contract is the interests, objectives, values and policy which it is designed to actualize. The appellants submit that once the imposition of new tax regime has been acknowledged and declared as a CIL event, the consequential relief of carrying cost would also flow from the main relief of compensation, the purpose of award of carrying cost being to compensate "for time value of the money". The contention is that any composition for CIL is incomplete if it does not come with the carrying cost. The appellants seek to highlight the word "any" Appeal Nos. 256, 299 & 427, of 2019 qualifying the focal area of compensation on account of CIL occurring in words "any additional recurring/non-recurring expenditure" arguing that Article 12.1.1 signifies wide ambit of the CIL clause, there being nothing to restrict the compensation for CIL, not the least "up to the commissioning date of the projects". They also submit that mandate of CIL provision in PPAs of all kinds executed on the standard documents drafted by the Government agencies is "restitution" since that is inherent to relief of compensation.

91. The guidelines mandated thus:

"6.3 The bidding documents including the RfS and the draft PPA shall be prepared by the Procurer in consonance with these Guidelines and the SBDs..."

92. The RfS document dated 30.01.2018, inter alia, declared as under:

"2.0 Ministry of Power has issued "Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar PV Power Projects" vide Gazette Resolution dated 03.08.2017. These Guidelines have been issued under the provisions of Section 63 of the Electricity Act, 2003 for long term procurement of electricity by the 'Procurers', from grid-connected Solar PV Power Projects, having size of 5 MW and above, through competitive bidding. This RfS document has been prepared in line with the above Guidelines issued by MoP dated 03.08.2017."