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SANJAY KISHAN KAUL, S. RAVINDRA BHAT, M. M. SUNDRESH
Gujarat Urja Vikas Nigam Limited – Appellant
Versus
Renew Wind Energy (Rajkot) Private Limited – Respondent
| Table of Content |
|---|
| 1. challenge orders under electricity act (Para 1 , 2) |
| 2. regulatory framework for power procurement (Para 3 , 4 , 5 , 6 , 9) |
| 3. jurisdiction of state commission over ppa (Para 14 , 15 , 16 , 17 , 18) |
| 4. dynamic nature of appc and rec pricing (Para 26 , 27 , 28 , 29 , 30) |
| 5. applicability of regulatory amendments to existing contracts (Para 60 , 61 , 62) |
| 6. requirements for proving coercion in contracts (Para 66 , 67 , 68 , 69 , 70) |
| 7. court's conclusion on appeals (Para 72) |
S. RAVINDRA BHAT, J.
2. The first appellant-Gujarat Urja Vikas Nigam Limited (hereafter “Gujarat Urja”) had approached this court previously challenging the order of APTEL, which was disposed of by this court5 [Civil Appeal No. 1253/2019 by order dated 15.02.2019] granting liberty to it, to seek review/rectification. Gujarat Urja then preferred a review petition, which was rejected by APTEL, by the second impugned order. When this appeal was taken up for hearing, on 14.10.2020, this court had issued notice and stayed the impugned order of APTEL.
3. Gujarat Urja procures power in bulk on behalf of dis
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