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2020 Supreme(MP) 1218

SANJAY YADAV, VIJAY KUMAR SHUKLA
M. P. Power Management Company Limited, Jabalpur – Appellant
Versus
Sky Power Southeast Solar India Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : P.K. Kaurav, Learned Senior Counsel and Pushpendra Yadav
For the Respondents: Naman Nagrath, Learned Senior Counsel, Jubin Prasad and Siddharth Sharma

ORDER :

Sanjay Yadav, J.

1. Review of order dated 27.02.2020 passed in Writ Petition No. 4205/2019 is being sought vide present petition.

2. The Writ petition was directed against the communication dated 07.07.2018; whereby, the Power Purchase Agreement dated 18.09.2015 was terminated, the reason being the failure in achieving condition subsequent as well as commissioning of the 50 mw Solar PV Project. It needs a mention that earlier by communication dated 11.08.2017 the said agreement was terminated. However, on its being challenged in Writ Petition No. 12880/2017, wherein, on the findings that the reasons assigned in the termination order were not germane to the facts and additional reasons came to fore during hearing, the order dated 11.08.2017 was set-aside with the liberty to pass fresh orders in terms of the Agreement. Armed with the said liberty fresh orders were passed on 07.07.2018.

3. It is not in dispute that the respondent is a Power Purchasing Company under the Electricity Act, 2003 and the petitioner is responsible for power procurement in the State of M.P. That in furtherance to the Solar Policy for encouraging generation of Power through Solar Power Projects an agreemen

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