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13. Admittedly, neither the bid documents for procurement of short term supply by the distribution licensee nor the PPA had a provision for making good supplies from the alternate sources in the event of delay in execution of the power project or in case of shortfall in supplies from the power project from the contracted schedule of supply. According to the PPA, the Appellant was liable to pay compensation for the shortfall in supplies @ Rs. 2.00 per kWh.

16. Ld. Counsel for the Appellant has referred to Standard Bidding Document issued by the Ministry of Power, Government of India regarding procurement of long term power through competitive bidding which had a provision for making up the shortfall in the contracted supplies by the supplier from alternate sources at the PPA rate. We feel that the provisions of the Standard Bidding Document for procurement of long term supply under case I framed by the Ministry of Power is not applicable to the present case where the Standard Bidding Document of Ministry of Power was not the basis for procurement of power by the distribution licensee for short term supplies. In the present case, the bidding document of the short term procurement on the basis of which the distribution licensee procured Appeal no. 136 of 2012 power and the PPA entered into between the Appellant and the Respondent no.1 are only the relevant documents. Admittedly, there is no such clause for supply from alternate sources either in the bidding documents for short term power supply or in the PPA between the parties.