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2021 Supreme(SC) 276

L.NAGESWARA RAO, VINEET SARAN
Bangalore Electricity Supply Company Limited (BESCOM). – Appellant
Versus
E. S. Solar Power Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) :Tushar Mehta. SG, Balaji Srinivasan, Sriranga Subbanna, Sumana Naganand, Pallavi Sengupta, Medha Puranik, Prateek Yadav, Garima Jain, Lakshmi Rao, Aishwarya Choudhary, Aakriti Priya, Mohammed Shahrukh, Advocates
For the Respondent(s):Chirag Kher, M/S. Dua Associates, Advocates

JUDGMENT

L. NAGESWARA RAO, J.

1. These appeals arise out of a judgment of the Appellate Tribunal for Electricity at Delhi by which the order passed by the Karnataka Electricity Regulatory Commission (KERC) was reversed.

2. The facts that are necessary for adjudication of the dispute in these appeals are as follows:

    (a) Karnataka Renewable Energy Development Limited (KREDL) issued a Request for proposal on 20.11.2015 from bidders for undertaking development of Solar PV ground mount Power Plants in Karnataka pursuant to a decision taken by the State Government for development of 1200 MWA of Solar power to be implemented in 60 Taluks through private sector participation. Emmvee Photovoltaic Power Private Limited, the second Respondent herein, incorporated two Special Purpose Vehicles (SPV) in accordance with the terms of the Request for Proposal and submitted its bid for acceptance by the first Appellant, Bangalore Electricity Supply Company Limited.

    (b) Respondent No. 1 in Civil Appeal 9273 of 2019 is a special purpose vehicle constituted by Respondent No. 2 for setting up a Solar PV ground mount Project with a capacity of 10 MWA (AC) in Bidar Rural Taluk, Bidar District, Respondent No.


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