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2017 Supreme(MP) 525

HEMANT GUPTA, VIJAY KUMAR SHUKLA
ReNew Clean Energy Private Limited – Appellant
Versus
M. P. Power Management Company Ltd. – Respondent


Advocates:
Naman Nagrath with Jubin Prasad, MazagAndrabi and Varun Kumar
for petitioner; P.K. Kaurav, Advocate General with Aditya Khandekar for respondent No.1

JUDGMENT

Gupta, C.J. -- 1. The challenge in the present petition is to an order dated 11.8.2017 (Annexure P-18), whereby the respondent No.1 has decided to terminate the Power Purchase Agreement executed on 10.11.2015 for the reason that petitioner has failed to complete the milestone of procuring land within the extended period of nine months after 210 days from the date of execution of the agreement.

2. The brief facts leading to the present petition are that New and Renewable Energy Department, Government of Madhya Pradesh introduced the Solar Policy for encouraging generation of power through solar power projects in Madhya Pradesh on 20.7.2012. The respondent No.1, the M.P. Power Management Company (for short “the Company”) issued a request for proposal for long term procurement of 300 MW power from Grid connected Solar Energy Sources through tariff based competitive bidding for meeting Renewable Purchase Obligation. The petitioner participated in such tender process.

3. The petitioner was issued a Letter of Intent on 23.10.2015 informing it that it is successful bidder an


















































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