Back
RANJAN GOGOI, R.BANUMATHI
M. P. POWER MANAGEMENT COMPANY LTD. – Appellant
Versus
RENEW CLEAN ENERGY PVT. LTD. – Respondent
R. BANUMATHI, J.
Leave granted.
2. This appeal arises out of the judgment passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in and by which the High Court allowed the Writ Petition No.12432 of 2017 setting aside the order of termination of contract dated 11.08.2017 while maintaining the appellant's action on invocation of bank guarantee in terms of clause 2.5.1 of the contract.
3. Brief facts which led to filing of this appeal are as follows:
The appellant-M.P. Power Management Company Ltd. initiated the process of procurement of power from Grid Connected Solar Energy through tariff based competitive bidding for meeting its Renewable Purchase obligations in the State of Madhya Pradesh. Accordingly, a Request for Proposal (RFP) dated 06.05.2015 was issued by the appellant for long term procurement of 300 MW power from Grid connected Solar Energy Sources through tariff based competitive bidding. Out of 100 bidders who participated in the bidding process, respondent No.1-ReNew Clean Energy Private Ltd. was selected on the basis of cheaper merit order rates. The appellant issued a Letter of Intent dated 23.10.2015 in favour of respondent No.1 allotting 51 M
Imposition of penalty for delay in commissioning of plant as per PPA is justified, termination of PPA not.
Termination of contracts must adhere to established contractual obligations and procedural requirements; failure to comply with these undermines claims of unreasonableness or arbitrariness in actions....
Writ Court in exercise of its extraordinary jurisdiction cannot adjudicate upon disputed questions of fact inasmuch as claim of petitioner regarding occurrence of event leading to a Force Majeure sit....
(1) Appeal to Supreme Court – Requirement under Section 125 of Electricity Act, 2003 is not merely a ‘question of a law’ but a ‘substantial question of law’ – APTEL as an appellate body is to hear ap....
Contract termination must consider practical challenges faced by contractors, especially related to local conditions affecting performance.
The court emphasized that public authority's arbitrary termination of a contract without following due procedures violates principles of fairness and justness, meriting judicial intervention.
The court emphasized the importance of adhering to contractual procedures and the validity of penalties for non-performance, reinforcing the authority's right to terminate contracts under specified c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
