concerned with the issue of termination of the PPA as the PPA was
terminated post the filing of Petition No.166/MP/2012 ... interpretation of certain clauses of the PPA
and do not relate to the consequences of the PPA being terminated; RGPPL's
claims
effect, amounted to implementation of the terms and
conditions of the terminated PPA; the last supply effected by the Appellant
to the Respondents ... CERC, amounts to implementation of the terms and
conditions of the terminated PPA which is impermissible in law, the
submission urged on behalf
Issue
No. I: "Whether the Petitioner was entitled to terminate the PPA on
account of force majeure and impossibility in terms of Article ... under Article 11 of the PPA; and the Petitioner had
wrongly terminated the PPA dated 04.09.2018 under Article 13.5.1.
On Issue
account of various force majeure events, and
therefore the PPA ought to be terminated and the Bank Guarantee should be
released immediately; the Petition ... allocated Project Capacity, whichever is higher, and the PPA
for the balance capacity will stand terminated and shall be reduced from the
selected Project Capacity
account of Force Majeure events falling under Article 8 of
the PPA?; (c) whether the State Commission was right in rejecting the claim
of GUVNL ... extension was granted by GUVNL, even though GUVNL was entitled to
terminate the PPA due to delay beyond one year from SCOD?
This Tribunal then
M/S Sprng Soura Kiran Vidyut Private ... vs Southern Power Distribution Company Of ... on 24
submission of the PBG
within the stipulated period, the Award might be terminated and
Page 16 of 28
the Bid Security [EMD] would be forfeited ... stipulated time period, the
Award notified by the LoA would be terminated and the Bid
Security [EMD] submitted by the successful bidder [L1] would
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