RAMAMEC CHARGE VOLT PRIVATE LIMITED vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/SCA/16576/2026 JUDGMENT DATED: 03/11/2026
(GJHC240828662026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16576 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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RAMAMEC CHARGE VOLT PRIVATE LIMITED & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR S.P. MAJMUDAR with MR PARV S GUPTA(11850) for the Petitioner(s)
No. 1,2
MR ADITYA DAVDA, AGP for the Respondent(s) No. 1
MR DIPAK DAVE for the Respondent(s) No. 2
MR CHINMAY M GANDHI(3979) for the Respondent(s) No. 2
MR PRADIP D BHATE(1523) for the Respondent(s) No. 3,4
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CORAM: HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 03/11/2026
JUDGMENT
1. The present petition is filed under Article 226 of the
Constitution of India, 1950 by the petitioners praying for the
following reliefs:
“A. YOUR LORDSHIPS may be pleased to issue writ
of mandamus or a writ in the nature of mandamus or
any other appropriate writ, order or direction
quashing and setting aside Respondent no.2's final
notice dated 11.09.2026 (Annexure- P) and
communication dated 01.10.2026 (Annexure-R) ,
insofar as they insist upon payment of extension
charges or threaten default consequences for non-
achievement of Financial Closure without a reasoned
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determination of the Petitioner No.1's Force Majeure
claim under the BESPA dated 06.03.2026, as raised
by representation dated 27.08.2026 and
supplemented on 05.10.2026;
B. YOUR LORDSHIPS may be pleased to issue writ
of mandamus or a writ in the nature of mandamus or
any other appropriate writ, order or direction holding
and declaring that the Petitioner’s claim concerning
the notified Force Majeure event, its continuing
effects and consequential relief is required to be
governed by Articles 3.1, 3.2.1 and 11 of the BESPA
read together, and cannot be rejected merely on
account of expiry of the original Financial Closure
deadline or absence of an application for paid
extension under Article 3.2.2, subject to
determination of the applicable contractual
requirements;
C. YOUR LORDSHIPS may be pleased to issue writ
of mandamus or a writ in the nature of mandamus or
any other appropriate writ, order or direction directing
Respondent No.2 to reconsider and decide the
Petitioner’s Force Majeure claim, comprising the
notice dated 27.08.2026, received on 31.08.2026
(Annexure-N) , as continued and supplemented by
its representation dated 05.10.2026 (Annexure - T)
and supporting correspondence, by a reasoned order
within such period as this Hon’ble Court may
prescribe, after affording an opportunity of hearing
and submission of supporting material; and, in doing
so, to examine the applicable notification
requirements, continuing effects, affected obligations
and consequential entitlement to extension and relief
from charges, having regard to the BESPA, the
Ministry of Finance Office Memorandum dated
29.04.2026 (Annexure-J) , the MNRE communication
dated 21.08.2026 (Annexure - K) and the Ministry of
Power Advisory dated 24.09.2026 (Annexure- Q) ;
D. YOUR LORDSHIPS may be pleased to issue writ
of mandamus or a writ in the nature of mandamus or
any other appropriate writ, order or direction directing
Respondent Nos.1 and 2 to extend to Petitioner No.
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1 the benefit of the extension for achieving Financial
Closure up to 06.11.2026 contemplated by the
Ministry of Power Advisory dated 05.10.2026
(Annexure-U) , and to expeditiously scrutinise the
Financial Closure documents already submitted,
communicate any outstanding deficiencies and afford
an opportunity to address them within the applicable
timeline, without prejudice to determination of the
Petitioner No.1's separate contractual claim for
further extension and relief from extension charges,
interest or penalty;
E. Pending admission, hearing and disposal of the
present petition, YOUR LORDSHIPS may be
pleased stay the operation and implementation of the
final notice dated 11.09.2026 (Annexure- P) and
communication dated 01.10.2026 (Annexure - S) ,
including the operative deadlines and demand for
extension charges thereunder, and restrain
Respondent no.2 from invoking or encashing the
Performance Bank Guarantee of Rs.8,12,50,000/-,
terminating the BESPA dated 06.03.2026, cancelling
the allocated capacity or recovering extension
charges, interest or damages pursuant to the
impugned communications in respect of the disputed
Financial Closure default, and, if the petition is
disposed of by directing determination of the claim,
continue such protection until communication of the
reasoned decision and for such reasonable period
thereafter as this Hon’ble High Court may prescribe;
F. YOUR LORDSHIPS may be pleased to direct that
the relief granted in these proceedings shall operate
without prejudice to the parties’ respective rights and
remedies under Article 11 of the BESPA arising from
the established duration and continuing effects of a
qualifying Force Majeure event, including the rights
governed by Articles 11.5 and 11.10; and that the
Petitioner No.1's request for extension, consideration
of its claim or interim protection shall not, by itself,
constitute consent to any further mutually extended
period, an unconditional election to continue
performance, or waiver of such rights, their exercise
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remaining subject to the applicable contractual
G. Grant ad-interim relief in terms of prayer (E)
above;
H. Grant such other or further relief as this Hon’ble
Court may deem just and proper in the
circumstances.”
2. Heard learned advocate Mr. S.P. Majmudar with learned
advocate Mr. Parv Gupta for the petitioners, learned AGP Mr.
Aditya Davda for respondent No. 1, learned advocate Mr. Dipak
Dave for respondent No. 2 and learned advocate Mr. Pradip Bhate
for respondent Nos. 3 and 4.
3. Learned advocate for the petitioners has placed on record an
affidavit dated 31.10.2026, which is taken on record. Upon
instructions, learned advocate for the petitioners submits that the
petitioners shall strive to achieve Financial Closure, as stipulated
in the agreement dated 06.03.2026 annexed at page No. 186 of
the compilation, on or before 05.11.2026, subject to the applicable
guidelines and directions issued by the Ministry of Power (MoP) in
relation to the GUVNL BESS Phase VII tender, supported by VGF
from PSDF.
4. Learned advocate for the petitioners has placed reliance
upon the order dated 23.10.2026 passed by the Co-ordinate
Bench of this Court in Special Civil Application No. 15713 of 2026
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and submitted that, in a similar set of facts, the Co-ordinate Bench
of this Court has permitted the petitioner therein to approach
respondent No. 2 – Authority by way of a representation within a
stipulated period. It is further submitted that, in the present case, if
Financial Closure is achieved on or before 05.11.2026, the
agreement dated 06.03.2026 would survive. However, in the event
Financial Closure is not achieved within the stipulated period, the
question of consideration of the representation would stand
terminated automatically and the final notice dated 11.09.2026
would come into effect, subject to the petitioners’ right to challenge
the said notice before the appropriate forum.
5. Having considered the submissions made by learned
advocates for the parties and upon perusal of the affidavit dated
31.10.2026, it appears that the petitioners have undertaken to
achieve Financial Closure on or before 05.11.2026, subject to the
applicable guidelines and directions issued by the Ministry of
Power (MoP). In view of the aforesaid affidavit and the order dated
23.10.2026 passed by the Co-ordinate Bench of this Court in
Special Civil Application No. 15713 of 2026, the present petition is
disposed of with the following directions:
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(i) In the event the petitioners achieve Financial Closure on
or before 05.11.2026, the agreement dated 06.03.2026 shall
remain operative.
(ii) In the event the petitioners fail to achieve Financial
Closure on or before 05.11.2026, question of consideration
of the representation shall not survive and the final notice
dated 11.09.2026 shall come into effect, subject to the
petitioners’ right to challenge the same before the
appropriate forum in accordance with law.
In view of the above, the present petition stands disposed of
accordingly.
(D. M. DESAI,J)
MUSKAN
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