All India Power Engineer Federation & ... vs Sasan Power Ltd. & Ors. Etc

The Supreme Court addressed the issue of the Commercial Operation Date (COD) for Unit No.3 of the Sasan Power Project under the Power Purchase Agreement (PPA) dated 7.8.2007. The court held that the COD was achieved on 16.8.2013, as certified by an independent engineer, rather than on 31.3.2013 as claimed by the Appellate Tribunal. This decision was based on the interpretation of Article 6 and Schedule 11 of the PPA, which stipulates the conditions for declaring COD, thereby impacting the tariff payable by consumers significantly under Section 63 of the Electricity Act, 2003.