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
automatic
termination of PPA. On that ground, the Appellant sought
for declaration that the PPA dated 26.11.2004 became
automatically terminated in terms of the Article ... months from the date of PPA and as to whether as
result of such failure, PPA stood automatically terminated
or not.
30. On the other
PPA continued to exist. Merely because the
Generator had withdrawn the Petition it cannot have
the effect of reviving the PPA which is already
terminated ... validity
of the PPA. While the AMR Power was contesting the
Review Petition that the PPA was invalid, it could not
terminate the PPA
PPA came to an end on
20.9.2009 and the same is conclusive and the Generating
Company cannot now claim that the PPA was terminated ... that context, the
admission of the Generating Company that PPA terminated
by efflux of time would not be considered to be a judicial
admission
Original PPA, the PPA was to
expire only on 20.09.2009. Therefore, the contention
of the Appellant that the PPA was validly terminated
by the Appellant ... subsistence of the
PPA, it has been held that termination of PPA was
invalid and the PPA continued to subsist.
9. As regards the second
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
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
Appellant, the 2nd Respondent, the
Generating Company on 8.7.2009, terminated the
PPA on the ground that the Appellant had violated the
terms of the PPA ... energy was supplied during that period not
under the PPA which was already terminated but under the
interim order of the High Court
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
there were several defaults committed by
the BESCOM; the Generating Company terminated the
PPA on 8/7/2009, on the ground of breach
