stated that
should the Respondent No.2 intend to terminate the PPA, then the
same could only be done through specific clause of the PPA ... powers under Article 14.3.5 of the
PPA, the Appellant No. 1 terminated the PPA and called upon the
Respondent No. 2 to pay compensation/damages
Respondent, the
Appellant simply issued notice of termination and sought to terminate
the PPA.
Page 17 of 30
Order ... entire matter arose because the Applicant took
unilateral decision to terminate the PPA entered into between the
applicant and the Second Respondent despite there being
into a supplemental PPA on 05.5.2006.
Under the said agreement entered into between the
parties, Clause 6.01 of the existing PPA stood
replaced by revising ... payment of interest from the
Distribution Licensee even through the PPA were
terminated as early as on 5.6.2008.
(e) The Distribution Company filed a petition
PPA. The appellant submitted a contract performance
guarantee (PPA) issued by the respondent ICICI Bank for a sum
of 135 crores. As per the PPA ... Company, issued a show cause notice to the appellant seeking to
terminate the PPA. On 25.08.2014, by its judgment
M/S. Lanco Kondapalli Power Limited vs Andhra Pradesh Power Co-Ordination ... on 2 July
liberty to terminate the same by giving two months' notice. It
shows that even after executing the PPA the Appellant intended to
supply ... including work at the
UPCL sub-station, cost of bay tie-line, terminal equipments and
associated synchronizing equipments and equipments necessary for
interconnection facilities, shall
which would not be specifically enforced;
5. According to Mr. Bhushan, the PPA executed between the
parties is an agreement which runs into such minute ... PPA, which reads as under:-
"14.6.1 Consequence of Termination for Company Event of
Default:
Where this Agreement is terminated by PTC
pursuant to Article
Auxiliary Consumption: The Petitioner has not followed
the provisions of the PPA as informed by the Respondent
vide letter dated 12.06.2014. The Petitioner has taken ... units. This
stand is not in line with the provisions of the PPA for the
following reasons:
Page 8 of 38
Execution Petition
terminated. Every consumer shall pay to the Board, from the date of commencement of supply till the agreement is terminated, current consumption charges/minimum monthly ... consumer, Terms and Conditions of Supply agreement and not PPA. Referring to the Clause 13.03 the impugned order decides the applicability of impugned charges stating
been deposited by the appellant.
Same has remained unrefuted.
CISPPA022018 JS Chadha vs DDA Page ... Delhi High Court held that once the
licence stands terminated, it is for the occupier to show that
he is not an unauthorized occupant. Therefore
