Supreme Court’s Judgment dated 03/05/2021 laying down the principles for deciding the ‘commissioning’ of Solar Power Plants
The Supreme Court recently upheld the Judgment passed by APTEL wherein the commissioning certificate granted by the State Transmission Company to Solar Power Plants dated 16.10.2017 was taken to be the correct evidence of commissioning of the said Solar Power Plants. The Supreme Court interpreted the clauses of the power purchase agreement meaningfully to hold that as per the parties, the ‘Schedule Commissioning Date’ comes to 17.10.2017 by which time the solar power plants had been commissioned and were therefore entitled to the tariff as per the original PPA.
Read the Judgment at Bangalore Electricity Supply Company Limited (BESCOM) v. E. S. Solar Power Pvt. Ltd. & Ors. (Civil Appeal No. 9273 of 2019 along with Civil Appeal No. 9274 of 2019)
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