Clean Solar Power Bhadla Private ... vs Solar Energy Corporation Of India ...
2021 Latest Caselaw 614 Del

                                      $~53

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                      Judgment delivered on: 22.02.2021

                                      +      W.P.(C) 2363/2021
                                      CLEAN SOLAR POWER BHADLA PRIVATE LIMITED
                                                                           ..... Petitioner

                                                                    versus

                                      SOLAR ENERGY CORPORATION OF INDIA LIMITED & ORS.
                                                                            .....Respondents
                                      Advocates who appeared in this case:
                                      For the Petitioner:           Mr. Parag P. Tripathi, Senior Advocate with Mr. Aniket
                                                                    Prasoon, Advocate.

                                      For the Respondents:           Mr. M.G. Ramachandran, Senior Advocate with Ms.
                                                                     Tanya Suresh, Ms. Poorva Saigal & Mr. Shubham
                                                                     Arya, Advocates for R-1.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) CM APPL.6902/2021(exemption)

Exemption is allowed subject to all just exceptions. W.P.(C) 2363/2021 & CM APPL.6901/2021(interim relief)

1. The hearing was conducted through video conferencing.

2. Petitioner has approached this Court, inter alia, seeking a direction to respondent no.1 to give full legal effect to the Change in Law Provision of the Statutory Power Purchase Agreements dated 24.07.2018 which allegedly triggered on account of the Change in Law Event i.e. imposition Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:23.02.2021 10:28:15 W.P(C) 2363/2021 Page 1 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

of Safe Guard Duty by way of notification dated 30th July, 2018.

3. Learned Senior counsel for the petitioner submits that petitioner had been constrained to approach this Court in view of the fact that the Central Electricity Regulatory Commission (CERC) is not functional in the absence of a Member (Legal). He submits that he has filed an application in the petition already pending before CERC i.e. Petition No.181/MP/2020, but the same can not be taken up for consideration.

4. It is informed by learned counsel for the respondents that Member (Legal) has been sworn in today and as such the CERC is likely to commence functioning shortly.

5. In view of the above, this Petition is disposed of with a direction to the CERC to take up for consideration and dispose of the application of the petitioner expeditiously.

6. It is clarified that this court has neither considered nor commented upon the merits of the contentions of either party. All rights and contentions are reserved.

7. Petition along with the pending application is disposed of in the above terms.

8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

SANJEEV SACHDEVA, J FEBRUARY 22, 2021 ak Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:23.02.2021 10:28:15 W.P(C) 2363/2021 Page 2 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.