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august 2024

Supreme Court of India · 2024-08-27

Banglore Electricity Supply Company ... vs Hirehalli Solar Power Project L.L.P

Citation / case number
2024 INSC 631
Court
Supreme Court of India
Petitioner
Banglore Electricity Supply Company ...
Respondent
Hirehalli Solar Power Project L.L.P
Author
Pamidighantam Sri Narasimha
Bench
Pankaj Mithal, Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court examined the applicability of the force majeure clause under Article 8.3 of the Power Purchase Agreement (PPA) in relation to the Scheduled Commissioning Date as defined in Article 1.1(xxviii). The Court upheld the Appellate Tribunal for Electricity's decision, emphasizing that the appellate jurisdiction under Section 125 of the Electricity Act, 2003 is limited and aims to maintain regulatory consistency. The Court concluded that the reduction in tariff was justified due to the strict interpretation of the force majeure clause, affirming the KERC's order rejecting the respondents' claims for extension.

Banglore Electricity Supply Company ... vs Hirehalli Solar Power Project L.L.P · Niyam