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.