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Generator had withdrawn the Petition it cannot have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
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
either extend the time for fulfilment of conditions precedent or
to terminate the PPA. Further, the State Commission has also held
that the re-fixed ... choose to terminate the agreement as
per the provisions of Article 16."
Therefore, the Respondent may consider to terminate the
PPA under Article
present appeal, PTC
invoked the relevant clauses of the PPA terminating the contractual
arrangements citing the failure on the part of the appellant to commission ... denial is arbitrary and capricious.
23. As mentioned earlier, the PPA was terminated by PTC on
06.07.2021 in the wake of the impugned order
PPA envisages that the PPA will remain valid for
the capacity commissioned within 15 months of the date of the PPA
and the capacity ... purpose will stand revised accordingly.
Therefore, PSPCL had the option of terminating the PPA with the
Appellant due to the delay caused
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
Kwhr
as per Article 12.2 of the PPA. Saisudhir requested that earlier
tariff of Rs.8.49 be retained as the delay was not attributable ... Appeal No.176/15
and achievement of the Commercial Operation,
or terminating the PPA dated 30.8.2012
(ANNEXURE - A) under Article 5.7.3 thereof, as
it deems
cited have to be incorporated in the Draft PPA
signed by us to validate the PPA.
Page 28 of 39
Appeal ... same.
21. In our view, there was no cause to terminate the
PPA by the appellant as per the above clauses of the
PPA. However
State of Maharashtra. He also referred to Article 4.2 of
the PPA in regard to priority in supply to BEST.
Moreover, the protection of consumer ... generator terminal) is
met".
9.6. Thus, according to the PPA, BEST is entitled to
800 MW capacity out of the total installed capacity
Clause 4.6 of the
PPA dated 28.03.2013?, we decide as follows:
i. Let us examine the Clause 4.6 of the PPA which deals with ... Bank Guarantee.
b. Delay beyond 200 days from scheduled commissioning,
PPA may be terminated. However, in exceptional cases,
SLSC may consider to grant extension
