Supreme Court of India
Gujarat Urja Vikas Nigam Limited v. Mr. Amit Gupta & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that: (i) The NCLT/NCLAT could have exercised jurisdiction under section 60(5)(c) of the IBC to stay the termination of the PPA by the appellant, since the appellant sought to terminate the PPA under Article 9.2.1(e) only on account of the CIRP being initiated against the Corporate Debtor; GUJARAT URJA VIKAS NIGAM LTD. v.
Judgment, page 125
From the headnote
Insolvency and Bankruptcy Code, 2016 – ss. 10, 31, 60(5), 61, 238 – Power Purchase Agreement – Corporate Inso lvency Resolution Process – Jurisdiction of NCLT over contractual dispute – The appellant allocated a 25-megawatt capacity to the Corporate Debtor for developing and setting up a solar photov oltaic based power project – The appellant and the corporate deb tor entered into a PPA on 30.04.2010, according to which the appellant was t o purchase all the power generated by the corporate debtor – Due to floods and heavy rainfall in 2015 then again in 2017 , Plant was severely damaged –
Authorities it was built on
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 2019 Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors.
- 2017 M/s. Innoventive Industrles Ltd. v. Icici Bank & Anr.
- 1955 Rai Sahib Ram Jawaya Kapur and Others v. The State of Punjab
- 2019 Committee of Creditors of Essar Steel India Limited through Authorised Signatory v. Satish Kumar Gupta & Ors.
- 2010 Union of India v. R. Gandhi, President, Madras Bar Association
- 2018 Arcelormittal India Private Limited v. Satish Kumar Gupta & Ors.
- 1990 Ashoka Marketing Ltd. and Anr. Etc. Etc. v. Punjab National Bank and Ors. Etc. Etc.
- 2019 M/s Embassy Property Developments Pvt. Ltd.v. State of Karnataka & Ors. v. State of Karnataka & Ors
- 2016 M/s Madras Petrochem Ltd. & Anr v. Bifr& Ors.
- 1995 Mansukhlal Dhanraj Jain and Ors. Etc. v. Eknath Vithal Ogale Etc.
- 1984 Renusagar Power Company Ltd. v. General Electric Company and Anr.
- 1997 A. Deivendran v. State of Tamil Nadu
- 1999 Thampanoor Ravi v. Charupara Ravi and Ors.
- 1977 Johrilal Soni v. Smt. Bhanwari Bai
- 1984 Sudarsan Chits (i) Ltd. v. O. Sukumaran Pillai & Ors.
- 2010 Remdeo Chauhan @ Rajnath Chauhan v. Bani Kant Das and Ors.
- 1985 D.R. Kohli and Ors. v. Atul Products Ltd.
- 2018 S. Sukumar v. The Secretary, Institute of Chartered Accountants of India & Ors.
Where later benches applied it
Of those, 1 referred to
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