TMI Blog2019 (10) TMI 1313X X X X Extracts X X X X X X X X Extracts X X X X ..... ating Authority rightly asked Gujarat Urja Vikas Nigam Ltd. not to terminate the Power Purchase Agreement dated 30th April, 2010. Gujarat Urja Vikas Nigam Limited , being purchaser of the electricity cannot terminate the Power Purchase Agreement solely on the ground that the Corporate Insolvency Resolution Process has been initiated against Astonfield Solar (Gujrat) Pvt. Ltd. (Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Justice S. J. Mukhopadhaya [Chairperson], Justice A. I. S. Cheema [Member (Judicial)] And Kanthi Narahari [Member (Technical)] For Appellant: Ms. Ranjitha Ramachandran, Advocate For Respondents: Ms. Mahima Singh, Advocate for RP Mr. Anurag, Advocate ORDER Gujarat Urja Vikas Nigam Ltd. is the only purchaser of electricity generated by Astonfield Solar (Gujrat) Pvt. Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Vikas Nigam Ltd. In view of this, Resolution Professional moved before the Adjudicating Authority (National Company Law Tribunal ), New Delhi Bench, against the two default Notices by which they intended to terminate the power purchase agreement on 30th April, 2010. The Adjudicating Authority by impugned order dated 29th August, 2019 prohibited the Appellant from terminating the Power P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor) which is generating electricity and supplying it and there is no default in supplying electricity and during the Corporate Insolvency Resolution Process . On the other hand, Gujarat Urja Vikas Nigam Limited , is not paying the dues, as alleged by Ms. Mahima Singh, learned counsel for the Resolution Professional (M/s Astonfield Solar (Gujrat) Pvt. Ltd.). For the reason aforesaid, while ..... X X X X Extracts X X X X X X X X Extracts X X X X
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