jurisdictions
J.3 Position in India
K Appellant‘s right to terminate the PPA in the present case
K.1 Analysis of the PPA ... interpretation of the PPA:
(i) Article 9.2.1 of the PPA, read with Article 9.3.1, which allows the appellant
to terminate the PPA if the third
QUASH
THE ENDORSEMENT DTD:8.9.2016 ISSUED BY THE R-2
TERMINATING THE PPA AGREEMENT DTD:17.12.2015 ENTERED
INTO BETWEEN PETITIONER AND R-2 (ANNEXURE ... PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENTS (3 NOS) DATED
17.12.2015 ENTERED INTO BETWEEN PETITIOENR
also informed that it had no
other option except to terminate the PPA. On 27.02.2009,
the Government of Gujarat wrote to the GMDC, asking ... right
to terminate under Article 3.4.2 is invoked by the
Procurer. Similarly, the ability of either party
to terminate the PPA under Article 3.4.2 will
said notice,
failing which the appellant stated that it
shall terminate the PPA by issuing a
termination notice; and
21.2 The basis of the Second ... notice, failing which the
appellant stated that it shall terminate the
PPA by issuing a termination notice.
22. The first respondent issued his replies
PPA would reveal that for the PPA to be deemed to
be terminated, the following conditions have to be met:-
(i) there should have been ... PPA. In view of Article 4.4 of the
PPA the condition precedent not having been fulfilled, the PPA stands
deemed to be terminated by mutual
PPA.
17
43.2. (ii) Whether the appellant's right to terminate
PPA in terms of Article 9.2.1(e) read with 9.3.1 is
regulated ... insolvency of the
corporate debtor, there would be no ground to terminate
PPA. The termination is not on a ground independent of
the insolvency
BPDB is not terminated by BTDB, PTC does not have
any independent right to terminate the PTC-PPA.
3.3. Mr. Rao further submits that ... whether the BPDB-PPA has
been terminated, PTC has an independent right to terminate PTC-PPA.
4.4. This right is specifically incorporated under the terms
direction to
declare that PPA dated 09.07.2010 has become null and void and
also to treat the PPA as validly terminated by the petitioner-
Company ... respondent Power Company is arbitrary in not treating the PPA
terminated in view of the notice/communication of the petitioner
Company contained in Annexure
applicant due to the reasons and was constrained to
terminate the PPA on account of the force majeure event that the
respondent ... operation and the respondent No.1 has no choice but to
terminate the PPA with the petitioner. By virtue of the exparte
interim order obtained
hold
that the NCLT was empowered to restrain the appellant from
terminating the PPA. However, our decision is premised upon
a recognition of the centrality ... Hence, this Court held that GUVNL would not be allowed to terminate its PPA
with Astonfield since: (i) the termination was solely on account
