were
constituted and their reports about Force Majeure
event and quantum of damages were also accepted
by the Electricity Board.
(e) Therefore, in the absence
that the Appellant No.1 shall
be liable to pay the Liquidated Damages to the Respondent No.1 for
the period from 03.01.2017 onwards till ... failed to consider that
there was no demand for payment of Liquidated Damages by
BESCOM, the only authority to decide in this regard since they
Plant had to be shut down from 2.10.2011 to
11.7.2012 due to damages in components like Dam, HRT,
Pressure shaft and Power House for carrying ... Consultant came to the conclusion that the
time lost in repair of damages in dam, pressure shaft and
power house are attributable to Everest Power
delay until the fulfilment of such Conditions
Precedent as damages. However, after 30 days the CESCOM, on
its discretion may terminate the Agreement.
(vii) Article ... invoke the Performance Bank
Guarantees towards its claim for damages and if the delay is more than
30 days from the said date
Force Majeure (FM) events &
Taxus is not liable to pay Liquidated Damages (LD) for the said
delay.
Page ... undertaking dated 28.03.2013 specifically
stating that 'we shall pay the liquidated damages from the
Scheduled Commercial Operation Date agreed to in the
Power Purchase
also
deposited with the 2nd Respondent remaining
Rs.25 Crores towards liquidated damages in
addition to over and above performance of bank
guarantee ... specific amount of
19
Judgement in Appeal No.184 of 2010
liquidated damages is contemplated in the PPA
by the parties as genuine and reasonable
which reads as under:
"14 (b) Commissioning Schedule and Liquidated Damages for Delay
in Commissioning:
The solar power plant shall be commissioned ... addition to 100% encashment of Performance
Bank Guarantee, shall pay a Liquidated Damages to the
Distribution Licensee a sum of Rs. 10,000/- per MWac
Transmission Corporation of Andhra Pradesh Ltd. with
regard to levy of Liquidated Damages for delay in
achieving commercial operation of the Appellant's
Power ... Date of
20.9.1998 and that the Appellant was liable to pay
liquidated damages ("LD"). The Respondent no. 7 then
proceeded to adjust
connectivity subject to readiness of the
petitioner to pay the Liquidated Damages.
3.7 In spite of requests by Respondent-2 and even after
confirmation/approval ... subject to the Respondent No. 2 (Generator) paying
the liquidated damages as per Article 4.3 of the
Agreement. However, the work had already been
initiated
benefit of the Force Majeure events
and are liable to pay Liquidated Damages in terms of Article ... claims of Respondent No.2 against the
Appellants towards alleged liquidated damages are not tenable
in law and are illegal as they
