Supreme Court · 2016 INSC 1114 · Decided 8 December 2016
All India Power Engineer Federation & ORS. v. Sasan Power LTD. & ORS. ETC.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1114 · [2016] 9 S.C.R. 901
- Case number
- CIVIL APPEAL No. 5881/2016
- Decided
- 8 December 2016
- Bench
- KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 63; Electricity Act Section 61to63
Headnote
ELECTRICITY ACT, 2003: ss. 61 to 63 - Commercial Operation Date (COD) - Determination of- Procurement of power from generating companies - Sasan Power Ltd. was incorporated as a special purpose vehicle by Power Finance corporation the nodal agency for procuring power - Power 7.8.2007 executed between Sasan Power Ltd. and procurers of generation and sale of electricity - Article 6 r/w Schedule 5 provided for preconditions to be satisfied for declaration of 'COD' namely readiness to commence commercial operations - This happens only when the pe1formance test by
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