GUJARAT URJA VIKAS NIGAM LTD. Vs. M/S. ACME SOLAR TECHNOLOGIES (GUJARAT) PVT. LTD. AND ORS. (WITH APPLN. (S) FOR STAY AND OFFICE REPORT)

JUDGEMENT

(1.) The liability of the first respondent to pay liquidated damages under the PPA by and between the appellant and the first respondent has been determined by the Gujarat Electricity Regulatory Commission, Ahmedabad (hereinafter referred to as the State Commission and the Appellate Tribunal for Electricity (hereinafter referred to as the Appellate Tribunal ) to be from 29th May, 2011 (Schedule Commercial Operation Date) to 30th Sept., 2011. Aggrieved, the present appeals have been filed.

(2.) The above recital would sufficiently indicate that the liability of the first respondent to pay liquidated damages is not in dispute. The only question is one of the period of time during which this liability would run. The appellant contends that the said liability should be upto 13th March, 2012 which is the date certified by Gujarat Energy Development Agency ( GEDA for short) to be the date of actual commissioning of the solar/power plant set up by the first respondent.

(3.) To effectively answer the question which has arisen, as identified above, it will be necessary to notice a few provisions of the Power Purchase Agreement (for short PPA ) dated 31st May, 2010 executed by and between the parties. The relevant clauses thereof which are self-explanatory may thus be extracted below: Article 1 Definitions