The CERC on November 8, 2019, in the matter of M/s Krishna Windfarms Developers Pvt. Ltd. v. SECI & Anr., ruled in favour of SECI and held that demonetization will not be considered a force majeure event. The issues in the case were:
- whether the scheduled date of commissioning of the project should be considered as within 13 months from the date of signing of the power purchase agreement or from the effective date of the PPA; and
- ii. whether demonetization will amount a force majeure event.
The CERC is the instant case decided to take the scheduled date of commissioning of the project as 13 months from the effective date of the PPA rather than the date of execution of the PPA. Further, on the issue of demonetization being a force majeure event, the CERC was of the opinion that the event of demonetization cannot be considered as force majeure event in terms of the PPA.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.