Supreme Court of India
Chamundeshwari Electricity Supply Company Ltd. (cesc) v. Saisudhir Energy (chitradurga) Pvt. Ltd. & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
Resultantly, the appeal is allowed and the impugned judgment dated 21.03.2018 of the APTEL passed in Appeal No. 176 of 2015, and the order dated 28.01.2015 of the State Commission in O.P. No. 24 of 2014 are set aside.
Judgment, page 23
From the headnote
Issue for Consideration The following questions arise for determination: (i) the effect of respondent no.2/KPTCL’s delay in commissioning the 220 kV evacuation system upon the timelines stipulated for fulfilment of the CPs and achievement of COD under the PPA; (ii) the entitlement of appellant to invoke and encash the performance bank guarantee in the facts of the present case; (iii) the sustainability of the finding of Force Majeure recorded by the State Commission in the absence of the contractual notice contemplated under Article 14.5 of the PPA; (iv) the character of the PPA as a
Where later benches applied it
Of those, 1 mentioned
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