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Supreme Court of India 2019-07-25 partly_allowed

Madhya Pradesh Power Management Co. Ltd. & Anr vs Dhar Wind Power Projects Pvt. Ltd. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case involved companion civil appeals arising from High Court judgments that set aside letters denying a wind power generator's right to enter into a Power Purchase Agreement (PPA) under an earlier tariff order because its commissioning certificate was not in the prescribed format, despite power injection into the grid occurring before the deadline. The Supreme Court allowed the appeals in part, holding that actual power injection into the grid should determine PPA eligibility, not strict compliance with certificate formats. The court emphasised that substance prevails over technical form when a generator has substantially performed its obligations and timeline requirements.

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Electricity Law Renewable Energy Tariff Orders Power Purchase Agreements Administrative Law Writ Petitions

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