billing of import energy by NCEs?
iv. Whether the Appellant could terminate the PPA in the event of
default?
9. QUESTIONS OF LAW
The Appellant ... should
not have valid PPA. It means for signing WBA as provided in PPA,
the PPA needs to be terminated. There is error
should not have valid PPA. It means for signing WBA as provided
in PPA, the PPA needs to be terminated. There is error ... conditions of
the PPA.
In view of the above, we are of the considered opinion that the
PPA cannot be terminated as sought
This letter would show that
the defaults based on which, the PPA was terminated,
was not made good within 30 days of the Default
Notice ... Events of Default under the PPA, our Client hereby issues this
Termination Notice under the PPA and hereby terminates the
PPA dated 12th February
KPTCL issued a letter terminating the PPA
with immediate effect and sought to impose unilateral
reduction of tariff to Rs. 2.80 per KWH with ... Appellant issued termination notice to
GESCOM and terminated the PPA.
vii) The Appellant then entered into a PPA dated 01.06.2012
with PTC India
provision in the PPA
that confers right to the Petitioner to terminate the PPA in
Page 6 of 22
Review Petition ... PPA and as to whether
there was any default in payment for a continuous period of
three months resulting in the PPA being terminated
hold
that the NCLT was empowered to restrain the appellant from
terminating the PPA. However, our decision is premised upon
a recognition of the centrality ... Hence, this Court held that GUVNL would not be allowed to terminate its PPA
with Astonfield since: (i) the termination was solely on account
condition subsequent. Thereafter, it was stated
that the PPA is liable to be terminated in terms of
Article 2.5.1 of the PPA. Explanation/justification ... Prior to the said date,
the appellant purported to terminate the PPA in terms
of Article 2.5.1(d) of the PPA, considering
right to terminate a contract.
Even if the contractual dispute arises in relation to the insolvency, a party can be
restrained from terminating the contract ... hold that NCLT was empowered to restrain the appellant
from terminating PPA. However, our decision is premised
upon a recognition of the centrality of PPA
PPA. In the light of the
abovesaid provisions of the PPA, the appellant by order dated
11.08.2017 terminated the PPA and imposed a penalty ... case of delay of more than 9 months, MPPMCL
shall terminate PPA and release balance amount of
CPG.
10. Since respondent No.1 was unable
same PPA for over four
years.
j) The doctrine of frustration of contract is not applicable. The
contention that the PPA has been terminated ... saying that PPA was still valid. On 13.1.2011 on which
date the appellant communicated to the respondent no. 2 that PPA
stood terminated also wrote
