M. P. Power Management Company Limited vs Sky Power Southeast Solar India Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1170

K. M. JOSEPH, HRISHIKESH ROY
M. P. Power Management Company Limited – Appellant
Versus
Sky Power Southeast Solar India Private Limited – Respondent

Advocates appeared:
For the Appellant(s) : Mr. K. M. Natraj, ASG (Not Present) Mr. Anish Kumar Gupta, AOR Mrs. Archana Preeti Gupra, Adv. Ms. Rita Gupta, Adv. Mr. N. Choudhary, Adv. Mr. Guneet Sheoran, Adv. Mr. Rohit Singh, Adv. Mr. Venugopal Abhay, Adv. Mr. Viabhav Verma, Adv. Mr. Vinayak Sharma, Adv.
For the Respondent(s): Mr. Ramanuj Kumar, Adv. Mr. Manpreet Lamba, Adv. Ms. Priyal Modi, Adv. M/S. Cyril Amarchand Mangaldas, AOR Mr. Rajesh Kumar, AOR Mr. Aashish Vernand, Adv. Mr. Raj Kumar Prasad, Adv. Mr. Pramhans Sahini, Adv.

JUDGMENT :

K.M. JOSEPH, J.

1. Leave granted.

2. The appellant impugns the Judgment of the High Court dated 27.02.2020 in Writ Petition No. 420 of 2019. It further challenges the Order dated 28.12.2020 in Review Petition No. 682 of 2020. By the said Judgment in the Writ Petition, the High Court allowed the Writ Petition filed by the first respondent and quashed the Order dated 07.07.2018, which was passed by the appellant, terminating the Power Purchase Agreement (hereinafter referred to as ‘the PPA’, for short), which was entered into by the appellant and the first respondent. The review filed by the appellant was dismissed. Hence the appeals.

THE FACTS

3. The appellant, which is “a wholly owned company of the Government of Madhya Pradesh” (as described by the appellant in the Special Leave Petition), is responsible for the bulk purchase of electricity in the State of Madhya Pradesh for onward sale/supply to the distribution utilities (DISCOMS). The appellant issued a request for proposal (RFP) dated 06.05.2015 for long-term procurement of 300 MW of solar energy through tariff-based

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2022 Supreme(SC) 1170

K. M. JOSEPH, HRISHIKESH ROYM. P. Power Management Company Limited – AppellantVersusSky Power Southeast Solar India Private Limited – Respondent

Cases Referred (43)

K. M. JOSEPH, HRISHIKESH ROY
M. P. Power Management Company Limited – Appellant
Versus
Sky Power Southeast Solar India Private Limited – Respondent