jurisdictions
J.3 Position in India
K Appellant‘s right to terminate the PPA in the present case
K.1 Analysis of the PPA ... interpretation of the PPA:
(i) Article 9.2.1 of the PPA, read with Article 9.3.1, which allows the appellant
to terminate the PPA if the third
unilateral election can terminate the contract.
(iv) The ability of either party to terminate the PPA
under Article 3.4.2 will arise only if both ... from Article 3.4.2 of the
PPA. In the Draft PPA under Article 3.4.2, the
right was provided to terminate the PPA only to
the Procurer
Electricity Act,2003 and
Regulations framed thereafter. Even the
terminated PPA provided for the applicability of the
CERC tariff Regulations. However, the State
Commission ... Commission from applying CERC tariff
Regulations. In any event, even the terminated
PPA on which heavy reliance is placed by the
State Commission, itself provides
contract becomes freely terminable.
30. Learned counsel for Respondent No.2 cited non-execution of FSA
as ground for terminating the PPA in their letter ... such fulfilment, and as per Article 3.3.3 they are entitled to terminate
PPA by serving a written notice of 7 days. As per Clause
issued a termination notice on
5.4.2011 to the HESCOM,R-2 terminating the PPA dated
01.2.2007. Thereupon, the Appellant sought open access and
permission ... PPA and intimate the
same to the State Commission. Upon the delivery of
termination notice on the HESCOM(R2), the PPA will stand
terminated
months and therefore, in
terms of Article 9.3 of the PPA, the PPA stood
terminated?
8. Before analysing these questions, it would be proper ... there has been breach of terms of the
PPA?
(b) Consequently whether the PPA stood
terminated?
Page
praying for Declaration that the PPA
dated 19.10.2001 and the Supplemental PPA dated
9.6.2005 stood terminated as well as for consequential
directions.
h) During ... termination of the PPA as contemplated under Article
9.3.2 of the PPA, the Petitioner would not be entitled to
terminate the PPA in view
Linkage of PSA with the PPA is established
by the fact that the PPA cannot be terminated by
PTC(R-3) without the prior consent ... PPA and PSA and
Page 18 of 101
Appeal No.188 of 2011
approved both PPA and PSA keeping in mind that the
PPA
QUASH
THE ENDORSEMENT DTD:8.9.2016 ISSUED BY THE R-2
TERMINATING THE PPA AGREEMENT DTD:17.12.2015 ENTERED
INTO BETWEEN PETITIONER AND R-2 (ANNEXURE ... PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENTS (3 NOS) DATED
17.12.2015 ENTERED INTO BETWEEN PETITIOENR
PPA. However, GUVNL sent a notice dated 30.8.2019 for
termination of the PPA under clause 9.3.1 of the PPA and thereafter terminated
the PPA ... admitted to
breach of PPA. Clause 9.2.1(e) read with Clause 9.3 of the PPA provides for
termination of PPA on account of the corporate
