PPA. The respondent generator in its Reply/CA admits the fact
that PPA provides for termination of PPA unilaterally by the procurers
which will constitute ... PPA itself, the appellant has a
right to exit/terminate the PPA as per the relevant clauses of the PPA
which were mutually agreed between
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
PPA, the PPA capacity
Appeal No. 67 of 2021 Page 32
shall stand reduced/ amended to the extent of Project
Capacity Commissioned and the PPA ... exercise its option
Appeal No. 67 of 2021 Page 34
of terminating the PPA as a consequence of the entire capacity not
being commissioned within
Commission and also to intimate the
proceedings initiated to terminate the PPA as the SRTPV plant has
not been installed on the existing roof ... defaults be remedied within 30
days failing which the PPA will be terminated.
38. It is submitted that the said default notice is perverse
such, without prejudice to its stand in the Review Petition,
SECI terminated the PPA on 11.04.2019. Thereafter, on 24.04.2019
Respondent No.1 filed a petition ... Petition was filed on 30.01.2019. Meanwhile on 11.04.2019, the
Appellant SECI terminated the PPA without prejudice to its stand in the
Review Petition. In that
Gmr Kamalanga Energy Limited & Anr vs Central Electricity Regulatory ... on 6 August, 2021
Judgment
terms on (i) "Exit
option" to either party to terminate the PPA in case the tariff determined
by the State Commission ... mentioning 35 years as
duration for the PPA with the second respondent herein)"
16. Thus, the PPA which was submitted by the appellant
CSPL for construction of 33kV terminal bay. On
the same day, a Supplementary PPA was executed between CSPL and
GESCOM (as per the revised format ... wriggle out of its
obligations under the PPA by unnecessarily denying the tariff under the
PPA to the Appellant.
120. It is submitted that
village in Kanakpura Taluk, Ramanagar.
NOTE: The PPA in question was based on the standard format PPA in respect
of Solar Power Plants ... KERC approved the PPA executed between the Appellant and
BESCOM on 25.08.2015, 25 days after the signing of the PPA
NOTE 3: KPTCL
Power Purchase
Agreement (PPA) on 30.06.2015.
NOTE 1: The PPA between the Appellant and HESCOM was based on
the standard format PPA in respect ... standard format PPA, HESCOM has the authority
to approve extension.
NOTE 2: KERC approved the PPA executed between the Appellant
and HESCOM
