TP KIRNALI LIMITED VS MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED
27.08.2022
Maharashtra Electricity Regulatory Commission (“MERC”) by way of Order dated 25.08.2022 has extended the Scheduled Commercial Operation of the 100 MW Solar Power Project awarded to Tata Power Kirnali Limited (“TPKL”) on ground of delay in execution of the Power Purchase Agreement by Maharashtra State Electricity Distribution Company Limited (“MSEDCL”).
The Commission has correctly held that the contractual relationship between the parties can only come into effect only from date of execution of the PPA and a Letter of Award cannot be considered as a valid document for undertaking the Project activities.
MERC has clarified that extension of 76 days as granted by MSEDCL on account of COVID-19 for the period 01.04.2021 to 15.06.2021 cannot be treated as relief granted towards delay in signing of the PPA.
TPKL was represented by Shri Venkatesh (Managing Partner) and Siddharth Joshi (Senior Associate).
The Order can be accessed here.