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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, JIYA LAL BHARDWAJ
Himachal Pradesh Electricity Board Ltd. – Appellant
Versus
Kundan Hydro (Luni) Pvt. Ltd. – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
Challenge by the appellant-Himachal Pradesh State Electricity Board Ltd. (hereinafter referred to as ‘the appellant-Board’) in the instant Letters Patent Appeal, is to the judgment dated 10.09.2024, rendered by the learned Single Judge in CWP No.7177 of 2024, titled Kundan Hydro (Luni) Private Limited vs. State of Himachal Pradesh through its Addl. Chief Secretary (MPP & Power) & anr., whereby the writ petition filed by the petitioner-Kundan Hydro (Luni) Private Ltd-respondent No.1 herein has been allowed by quashing impugned communication dated 16.07.2024 (Annexure P-13) holding the Power Purchase Agreement (for short the "PPA") dated 31.05.2000 executed between appellant-Board and "SPML” not binding upon it being unenforceable against it. The appellant-Board was directed to execute a "PPA" with the writ petitioner-Power Company in respect of the entire Project capacity of 4.50 MW at the "HPERC Regulations- 2017" determined tariff applicable as on Scheduled Commercial Operation Date of the Project in accordance with law and complete all codal formalities in furtherance thereof without unnecessary delay. In order to avoid loss of electricity generate
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