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
amend the tariff under the
PPA. Lastly, it is contended that since in the instant case PPA was
terminated on the ground that the Corporate ... maximum period of six months, the PPA will revive. Clause 17.1
provides that the PPA may be terminated by either of the parties only
driven by trained resolution
professionals.
71. In the present case, the PPA was terminated solely on
the ground of insolvency, since the event of default ... insolvency of the
Corporate Debtor, there would be no ground to terminate
the PPA. The termination is not on a ground independent
of the insolvency
Ksk Mahanadi Power Company Limited vs Ksk Water Infrastructures Private ... on 29 March, 2022
National
driven by trained resolution
professionals.
71. In the present case, the PPA was terminated solely on
the ground of insolvency, since the event of default ... insolvency of the
Corporate Debtor, there would be no ground to terminate
the PPA. The termination is not on a ground independent
of the insolvency
from the
facts of the present case because in that case PPA was terminated solely on
the ground of insolvency since the event of default ... insolvency of the corporate debtor,
there would be no ground to terminate the PPA. The termination is not on a
ground independent of the insolvency
from the
facts of the present case because in that case PPA was terminated solely on
the ground of insolvency since the event of default ... insolvency of the corporate debtor,
there would be no ground to terminate the PPA. The termination is not on a
ground independent of the insolvency
Adinath Jewellery Exports vs Mr. Brijendra Kumar Mishra Liquidator ... on 24 April, 2023
NATIONAL COMPANY
emphasis in original)
In the present case the decision to terminate PPA has not been
taken by any governmental or statutory authority acting within ... 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
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
