PPA. Despite that, the default was
not remedied. Hence, the Appellant terminated the
PPA by issuing a termination notice dated 03.5.2010.
However, the above termination ... consider these issues in detail. According to the
Appellant, since PPA was terminated by the Appellant with
effect from 03.5.2010 which has been subsequently
confirmed
insolvency of the Corporate Debtor, there would
be no ground to terminate the PPA. It was held that the
termination was not on a ground ... insolvency of the
corporate debtor, there would be no ground to terminate
PPA. The termination is not on a ground independent of
the insolvency
constitutes a material breach entitling
28
the owner to terminate. The right to terminate for default was expressly reserved
in the Development Agreement ... hold that NCLT was empowered
to restrain the appellant from terminating PPA. However, our decision is
14
(2021) 7 SCC 209
29
premised upon
electricity generated at
its power plant but raising the issue whether PPA in question
would bind the petitioner, the objection of maintainability
was turned down ... High Court whereby an order passed by the
appellant terminating PPA entered into by the appellant &
respondent, was quashed. Hon'ble Apex Court
electricity generated at
its power plant but raising the issue whether PPA in question
would bind the petitioner, the objection of maintainability
was turned down ... High Court whereby an order passed by the
appellant terminating PPA entered into by the appellant &
respondent, was quashed. Hon'ble Apex Court
electricity generated at
its power plant but raising the issue whether PPA in question
would bind the petitioner, the objection of maintainability
was turned down ... High Court whereby an order passed by the
appellant terminating PPA entered into by the appellant &
respondent, was quashed. Hon'ble Apex Court
electricity generated at
its power plant but raising the issue whether PPA in question
would bind the petitioner, the objection of maintainability
was turned down ... High Court whereby an order passed by the
appellant terminating PPA entered into by the appellant &
respondent, was quashed. Hon'ble Apex Court
electricity generated at
its power plant but raising the issue whether PPA in question
would bind the petitioner, the objection of maintainability
was turned down ... High Court whereby an order passed by the
appellant terminating PPA entered into by the appellant &
respondent, was quashed. Hon'ble Apex Court
electricity generated at
its power plant but raising the issue whether PPA in question
would bind the petitioner, the objection of maintainability
was turned down ... High Court whereby an order passed by the
appellant terminating PPA entered into by the appellant &
respondent, was quashed. Hon'ble Apex Court
electricity generated at
its power plant but raising the issue whether PPA in question
would bind the petitioner, the objection of maintainability
was turned down ... High Court whereby an order passed by the
appellant terminating PPA entered into by the appellant &
respondent, was quashed. Hon'ble Apex Court
