been rectified or remedied.
Upon delivery of Termination Notice, the contract shall
stand terminated. Clause 9.3.2 reads as under:
"9.3.2 Termination for Corporation ... Default Notice has been remedied, Company may deliver
a Termination Notice to Corporation. Company may
terminate the Agreement by delivering such a notice to
Corporation
Seller by its own
unilateral election can terminate the contract.
(iv) The ability of either party to terminate the PPA
under Article 3.4.2 will arise ... also cited various decisions to establish that a
party to contract cannot terminate the contract
because of his own breach as they cannot rely upon
Shapooji
Notice seeking to terminate the PPA under Article 3.4.5. On
20/08/2011, GUVNL called upon Essar Power to withdraw the
Termination Notice. Thereafter ... Shapoorji is as under.
(a) The Termination Notice dated 08/02/2017 issued by
GUVNL terminating the PPA dated 15/05/2010 is
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exit notices dated 08.07.2017 and 15.07.2017 do not
terminate the PPAs as there is no such provision in the bilateral
contracts signed between the parties ... exit notices dated 8.7.17 and 15.7.17 do not terminate the PPAs
as there is no such provision in the bilateral contracts signed between the
parties
that judicial forums/authorities cannot read beyond the explicit
terms of the contract between the parties. It is a well settled legal position
that ... terminate the contract is acquired by the other party. However, before
terminating contract, the other party is required to issue terminating notice
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shall not be terminable by notice or any
change in the constitution of the Bank or the term of contract or by any
other reasons ... Guarantee shall
not be terminable by notice or any change in the constitution of the Bank
or the term of contract or by any other
entitled to
review and revise the Price as aforesaid during the Contract
Period and any such revision of the Price by the Seller effected
pursuant ... acceptable to the Buyer, the Buyer shall have
a right to terminate the Contract with effect from a Day after
completion of ninety (90) Days
However, the same was not brought to the notice of the
State Commission nor any reliefs were claimed with
respect to the same. The State ... again,
Appellant has made a second attempt to terminate the
contract by issuing notice on 28.4.2011 i.e. after a gap
of 4 months seeking
contract. Since the
State Commission has held that the PPA was valid and
subsisting, the interest is payable as per the contract
itself, if there ... action
for termination is not tenable. The contract itself cannot
be sought to be terminated as the remedy for the non
payment of interest cannot
shall have a right to terminate the said agreement by giving a
termination notice to and the termination notice of the said
agreement shall take ... Article 3.1 , the procurer would have right to
terminate the contract after giving 7 days notice.
34. According to the Appellant the total period
