Banglore Electricity Supply Company ... vs Hirehalli Solar Power Project L.L.P

insc-2024-631 Supreme Court of India 27 August 2024 • CIVIL APPEAL NO. 7595 of 2021; CIVIL APPEAL NO. 7608 OF 2021; CIVIL APPEAL NO. 6386 OF 2021 • 27 min read

Judges (2)

Pamidighantam Sri Narasimha Delivered Pankaj Mithal Coram

Parties (2)

Bangalore Electricity Supply Company Limited Appellant Hirehalli Solar Power Project LLP Respondent

Case Significance

Banglore Electricity Supply Company ... vs Hirehalli Solar Power Project L.L.P is a Supreme Court of India decision dated August 27, 2024 (citation: insc-2024-631). BESCOM appealed against APTEL's order extending the commissioning deadline for solar power projects and maintaining the agreed tariff of Rs. 8.4 per unit, arguing force majeure did not apply. The Supreme Court dismissed the appeals, finding APTEL's factual determination that the delay was attributable to force majeure events and not to the developers was neither illegal nor unreasonable. The direction to pay late payment surcharge was also upheld as rooted in the PPA. The bench comprised Justices Pamidighantam Sri Narasimha and Pankaj Mithal. The judgment was delivered by Justice Pamidighantam Sri Narasimha.

Summary

BESCOM appealed against APTEL's order extending the commissioning deadline for solar power projects and maintaining the agreed tariff of Rs. 8.4 per unit, arguing force majeure did not apply. The Supreme Court dismissed the appeals, finding APTEL's factual determination that the delay was attributable to force majeure events and not to the developers was neither illegal nor unreasonable. The direction to pay late payment surcharge was also upheld as rooted in the PPA.

What was the outcome of Banglore Electricity Supply Company ... vs Hirehalli Solar Power Project L.L.P?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-631)