GERC Allows Amendment In 140 MW Wind Project Dispute Over Liquidated Damages In Gujarat

The Gujarat Electricity Regulatory Commission (GERC) has permitted Project Twelve Renewables Power Private Limited to amend its petition against Gujarat Urja Vikas Nigam Limited (GUVNL) and Gujarat Energy Transmission Corporation Limited (GETCO) concerning delays and liquidated damages linked to a 140 MW wind power project in Gujarat’s Amreli district.

The order was issued on September 23, 2026, by a bench comprising GERC Chairman Pankaj Joshi and Member Jatin N. Thakkar. The matter relates to Interlocutory Application No. 26 of 2026 filed under Petition No. 2314 of 2024.

Project Twelve Renewables had originally approached the commission in December 2023, seeking an extension of the Scheduled Commercial Operation Date (SCOD) beyond December 14, 2024. The company attributed the delay to several force majeure events, including delays in connectivity approval, heavy rainfall, flooding, severe cyclonic weather conditions and a strike at a stone quarry.

While the petition was pending, the project was commissioned in phases. According to the developer, phase-wise commissioning between December 2024 and June 2025 resulted in a total installed capacity of 141.9 MW.

Meanwhile, GUVNL started recovering liquidated damages from the developer’s monthly power supply invoices. The deductions began with the December 2024 invoice raised in January 2025, with total LD recovery reaching Rs 14.40 crore.

Project Twelve Renewables had agreed to the deductions to facilitate processing of its invoices but maintained that the consent was given under protest and without prejudice to its legal rights.

Through the amendment application, the developer sought to place the subsequent developments on record, including phase-wise commissioning certificates issued by the Gujarat Energy Development Agency (GEDA) and details of the liquidated damages recovered by GUVNL.

The company also added a consequential prayer seeking refund or restoration of the Rs 14.40 crore deducted as liquidated damages. It argued that the deductions had created significant cash flow pressure and that LD should not be imposed for delays arising from force majeure circumstances.

GUVNL opposed the amendment, arguing that the proceedings had already progressed substantially, arguments had been concluded before an earlier bench, and the proposed amendment sought to introduce additional force majeure grounds. GUVNL also maintained that connectivity was available within the required timeline and that the LD recovery was valid under the PPA.

GERC rejected the objections to the amendment. The commission observed that procedural rules should facilitate justice and should not prevent relevant subsequent developments from being considered. It also noted that incorporating such developments could help avoid separate litigation.

The commission clarified that allowing the amendment does not amount to acceptance of Project Twelve Renewables’ claims on their merits.

GUVNL has been directed to file its consolidated response by October 8, 2026, while Project Twelve Renewables can submit its rejoinder by October 22, 2026.