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SANJIV KHANNA, DIPANKAR DATTA
Solar Energy Corporation of India Limited (Seci) – Appellant
Versus
Wind Four Renergy Private Limited – Respondent
Headnote: Read headnote
JUDGMENT :
1. The appellant – Solar Energy Corporation of India Limited1[“SECI”, for short.] impugns the judgment and order dated 11.01.2022 passed by the Appellate Tribunal for Electricity2[“APTEL”, for short.] at New Delhi, whereby the appeal preferred by respondent no. 1 – Wind Four Renergy Private Limited3[“WFRPL”, for short.] was allowed, directing that the period of 132 days, for which delay was to be condoned, would commence from the date of the impugned judgment, that is, 11.01.2022.
2. Respondent no. 1 -WFRPL and respondent no. 3 – Power Trading Company India Limited4[“PTC”, for short.] had entered into five Power Purchase Agreements5[“PPA”, for short] dated 21.07.2017. Vide each of the said PPA, WFRPL had agreed to establish a 50 MW wind power unit and generate to supply renewable (wind) power to PTC. The appellant – SECI is the implementing agency for the project, being the nodal agency of the Central Government to promote renewable energy such as solar, wind etc. The Schedule
(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....
The regulatory authority's ability to grant extensions for compliance is limited by previous orders, with no responsibility negated by delays caused by other parties.
Writ jurisdiction is inappropriate for petitioners who have not exhausted available alternative remedies, reinforcing procedural propriety in electricity regulation cases.
Imposition of penalty for delay in commissioning of plant as per PPA is justified, termination of PPA not.
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