Procurer."
Page 15 of 36
APPEAL No. 304 of 2013
The scope of power procurement clearly indicates that Procurer shall
be wholly responsible ... that the RFP document is based on the
Standard Bidding Document of the Government of India which is
statutorily used for procurement of power through
Board (since
succeeded by Appellant 1 for power procurement functions) again
initiated competitive bidding process for procurement of short term
power during October ... power during the period
April-June, 2005 and its bidding document for proposed procurement
of power for the period October 2005 - March 2006. The
Commission
later suggested to file a review petition before the Commission with other
documents. Thereafter, the Applicant/Appellant approached another
3
ORDER ... took four months
time to prepare the appeal and to procure additional documents as
suggested by the Advocate. After the appeal was finalised
Adani Power (Mundra) Limited vs Central Electricity Regulatory ... on 7 June, 2021
Judgment in Appeal
concept of
penalty as envisaged in the Standard Bidding Document of
the Central Govt. for procurement of power by the
distribution licensee under section
including
financing of the Project, land procurement, MNRE exemption for
material procurement and other construction related activities. It is also
submitted that though Appellant approached ... mandatory procurement of wind Power
through Competitive Bidding" has clearly stated in Clause 11 (c) that -
"A PPA becomes an enforceable document only
next issue is relating to non-allowance of LC charges
incurred on procurement of power under new PPAs. According to
the Appellant, the actual ... expenses.
53. Let us now discuss this issue. The LC is a document issued
by the bank on behalf of the buyer to guarantee
Request for Proposal ('RFP') wherein
documents enclosed related to procurement of coal from
Western Coalfields Limited ('WCL'). Such procurement was
domestic ... regulate electricity purchase and procurement process of
distribution licensees including the price at which electricity shall be
procured from the generating companies or licensees
were undertaken and the State
Commission in this order, allowed RPS power procurement
at the approved rate for various renewable energy source.
40. The relevant ... Crore was submitted while providing
documents for 'Cost of Procurement during FY 2009-
10'. In reply to the Commission's query, BEST
issued in
terms and pursuant to Clause 2.13 of the RFP document
and inspite of using the words "unequivocally, irrevocably
and unconditionally ... terminate the PPA for non-fulfilment
of any conditions subsequent by the Procurer.
(d) The Contract Performance Guarantee is invocable to
realise liquidated damages which
