Supreme Court · 2025 INSC 1034 · Decided 25 August 2025

Chamundeshwari Electricity Supply Company LTD. (Cesc) v. Saisudhir Energy (Chitradurga) PVT. LTD. & ANR.

Court
Supreme Court of India
Citation
2025 INSC 1034 · [2025] 8 S.C.R. 1493
Case number
CIVIL APPEAL No. 6888/2018
Decided
25 August 2025
Bench
SANJAY KUMAR, SATISH CHANDRA SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Electricity Act

Headnote

The following questions arise for determination: (i) the effect of respondent no.2/KPTCL's delay in commissioning the 220 kV evacuation system upon the timelines stipulated for fulfilment of the CPs and achievement of (ii) the entitlement of appellant to invoke and encash the performance bank guarantee in the facts of the present case; (iii) the sustainability of the finding of Force Majeure recorded by the State Commission in the absence of the contractual notice contemplated under Article 14.5 of the PPA;

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