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SUPREME COURT
Arun Mishra, Uday Umesh Lalit, JJ
Bangalore Electricity Supply Company Limited – Appellant
Versus
Emmvee Photovoltaic Power Private Limited – Respondent
| Table of Content |
|---|
| 1. overview of appeals related to solar projects. (Para 1 , 2 , 3 , 4) |
| 2. main issues formulated by the karnataka electricity regulatory commission. (Para 6 , 7 , 8 , 9) |
| 3. arguments by appellants and respondents regarding tariff and commissioning. (Para 10 , 11 , 12) |
| 4. contract interpretation principles relevant to scheduled commissioning date. (Para 15 , 20) |
| 5. final decision affirming appellate tribunal’s findings. (Para 21 , 22) |
1. These appeals arise out of a judgment of the Appellate Tribunal for Electricity at Delhi by which the order passed by the Karnataka Electricity Regulatory Commission (KERC) was reversed.
2. The facts that are necessary for adjudication of the dispute in these appeals are as follows:
(a) Karnataka Renewable Energy Development Limited (KREDL) issued a Request for proposal on 20.11.2015 from bidders for undertaking development of Solar PV ground mount Power Plants in Karnataka pursuant to a decision taken by the State Government for development of 1200 MWA of Solar power to be implemented in 60 Taluks through private sector participation. Emmvee Photovoltaic Power Private Limited, the second Respondent herein, incorporated two Special Purpose
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