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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Clean Solar Power Bhadla Private Limited - Appellant
Versus
Solar Energy Corporation of India Limited - Respondent
W.P.(C) 2363 of 2021
Decided On : 22-02-2021
The court ensured the expeditious hearing of a petition before the CERC without commenting on the merits, preserving the parties' rights.
Headnote:(A) Statutory Power Purchase Agreements - Change in Law Provision - Exemption allowed in terms of procedure - Issue of the legality of the Change in Law Event leading to the imposition of Safeguard Duty raised - Central Electricity Regulatory Commission's functionality was impaired due to the absence of a Member (Legal). (Paras 3, 4, 5)
(B) Jurisdiction - The Court declined to comment on the merits of the case, reiterating that the rights and contentions of the parties remain reserved. (Paras 7, 8)
Facts of the case:
The petitioner sought a direction for the respondent to give full effect to the Change in Law Provision due to the imposition of Safeguard Duty. The petition was necessitated by the non-functionality of the CERC.
Findings of Court:
The petition was disposed of with a direction to the CERC to address the petitioner's application expeditiously.
Issues: Whether the Change in Law Provision applied due to the imposition of Safeguard Duty, and the effect of the CERC's non-functionality on the proceedings.
Ratio Decidendi: The court maintained that it won't comment on the merits of the contentions, focusing solely on ensuring an expeditious process for the pending application.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. change in law provision triggered by imposition of duty. (Para 3) |
| 2. petitioner constrained to approach court due to cerc inaction. (Para 4) |
| 3. cerc likely to function shortly and court reserves rights. (Para 5 , 7) |
| 4. petition disposed of with directive for expeditious consideration. (Para 6 , 8) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.6902/2021(exemption)
1. Exemption is allowed subject to all just exceptions.
W.P.(C) 2363/2021 & CM APPL.6901/2021(interim relief)
2. The hearing was conducted through video conferencing.
3. Petitioner has approached this Court, inter alia, seeking a direction to respondent no.1 to give full legal effect to the Change in Law Provision of the Statutory Power Purchase Agreements dated 24.07.2018 which allegedly triggered on account of the Change in Law Event i.e. imposition of Safe Guard Duty by way of notification dated 30th July, 2018.
4. Learned Senior counsel for the petitioner submits that petitioner had been constrained to approach this Court in view of the fact that the Central Electricity Regulatory Commission (CERC) is not functional in the absence of a Member (Legal). He submits that he has filed an application in the petition already pending before CERC i.e. Petition No.181/MP/2020, but the same can not be taken up for consideration.
5. It is informed by learned counsel for the respondents that Member (Legal) has been sworn in today and as such the CERC is likely to commence functioning shortly.
6. In view of the above, this Petition is disposed of with a direction to the CERC to take up for consideration and dispose of the application of the petitioner expeditiously.
7. It is clarified that this court has neither considered nor commented upon the merits of the contentions of either party. All rights and contentions are reserved.
8. Petition along with the pending application is disposed of in the above terms.
9. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
