In Brief
BESCOM appealed against a regulatory tribunal's decision reversing penalties imposed on two solar power developers for allegedly delaying project commissioning by one day. The dispute centred on interpreting when the 12-month commissioning deadline ended. The Court held that the Scheduled Commissioning Date was 17 October 2017, not 16 October 2017, because the contract's definition clause required excluding the initial date when calculating the 12-month period from regulatory approval. Finding no actual delay beyond the contractual deadline, the Court upheld the tribunal's decision, rejecting BESCOM's tariff reduction and damages, and dismissed the appeals.
The lawyer headnote and full judgment text are available to registered users.