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
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
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
condition subsequent. Thereafter, it was stated
that the PPA is liable to be terminated in terms of
Article 2.5.1 of the PPA. Explanation/justification ... Prior to the said date,
the appellant purported to terminate the PPA in terms
of Article 2.5.1(d) of the PPA, considering
right to terminate a contract.
Even if the contractual dispute arises in relation to the insolvency, a party can be
restrained from terminating the contract ... hold that NCLT was empowered to restrain the appellant
from terminating PPA. However, our decision is premised
upon a recognition of the centrality of PPA
PPA. In the light of the
abovesaid provisions of the PPA, the appellant by order dated
11.08.2017 terminated the PPA and imposed a penalty ... case of delay of more than 9 months, MPPMCL
shall terminate PPA and release balance amount of
CPG.
10. Since respondent No.1 was unable
insolvency of the Corporate Debtor, there would
be no ground to terminate the PPA. It was held that the
termination was not on a ground ... insolvency of the
corporate debtor, there would be no ground to terminate
PPA. The termination is not on a ground independent of
the insolvency
constitutes a material breach entitling
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the owner to terminate. The right to terminate for default was expressly reserved
in the Development Agreement ... hold that NCLT was empowered
to restrain the appellant from terminating PPA. However, our decision is
14
(2021) 7 SCC 209
29
premised upon
PPA, the respondent was to establish a mini hydro-electric project on a
built and operate basis. However, the PPA was terminated on 27 September
submitted that compelling the appellant to
supply energy in terms of the PPA is bound to financially destroy the
appellant company and therefore prayed that ... prescriptions.
12. The questions (i) whether the appellant is entitled to terminate the
PPA and (ii) if so, on what terms and conditions
