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Supreme Court Weekly Round Up [March 8 to March 14 2021]

JUDGMENTS THIS WEEK1. Supreme Court Asks Govt Employees Holding Post Of State Election Commissioner To Immediately Step Down As SECCase Title : State of Goa and another v Fouzia Imtiaz Shaik Citation.

Supreme Court Calls For Law To Clarify Validity Of Ipso Facto Contractual Clauses In Relation To Insolvency

Supreme Court Calls For Law To Clarify Validity Of Ipso Facto Contractual Clauses In Relation To Insolvency Share This - x The Supreme Court has observed that lack of a legislative voice on the issue of validity/invalidity of ipso facto clauses relating to insolvency will lead to confusion and reduced commercial clarity. The bench comprising Gujarat Urja Vikas Nigam Limited of its Power Purchase Agreement with Astonfield Solar (Gujarat) Private Limited. In this case, PPA was signed on 30 April 2010, in accordance with which the Nigam has to purchase all the power generated by the Corporate Debtor. On 20 November 2018, the NCLT admitted a petition filed by the Corporate Debtor under Section 10 of the IBC and commenced the Corporate Insolvency Resolution Process. In May 2019, the Nigam issued termination notices in which it stated thus : Under Article 9.2.1(e) of the PPA, the Corporate Debtor undergoing CIRP under the IBC amounts to an event of default (b) under Article

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