“Learned counsel for Claimant has submitted that one day delay in commissioning was adequately covered in the above Article 4.5.1(c) of PPA in the following facts and circumstances on record. He submits that it is admitted position that as per the Synchronization Certificate at page No. 40 with RW1's Affidavit being part of Exhibit RWl/9, connectivity with Claimant's Plant to the grid had been made on 09.01.2012 at 23:15 hrs. (11.15 pm), and commencement of power supply into the grid from Project had started on 10.01.2012 at 14:00 hrs. (2 pm). Connectivity of Claimant's Project to the grid had been made on 09.01.2012 at 11.15 pm by a Committee duly constituted by concerned Superintending Engineer, Jodhpur Discom, Jaipur on 03.01.2012 over which Claimant had no control at all. In fact, Superintending Engineer, RVPNL, Jodhpur had written to the Superintending Engineer, RVPN, Jaipur much in advance on 27.12.2011 itself for taking necessary action for providing connectivity, but officials over whom too Claimant had no control at all, took some time on their own part and it was thereafter that concerned Superintending Engineer, Jodhpur Discom, Jaipur over whom too Claimant had no control at all, acted only on 03.01.2012 by constituting requisite Committee. And the said committee over which, as already stated, Claimant had no control at all, visited Claimant's Solar Power Project only on 09.01.2012 and completed all formalities of connectivity admittedly at 11.15 pm. RW-1 Sh. Vijay Gulati has admitted in response to Question No. 50 during his CrossExamination that for synchronisation of system, power has to flow from both ends, i.e., from the Grid as well as from the Project. Learned counsel for Claimant has further submitted that the Tribunal can even take a judicial notice of the fact that no power could have been generated on 09.01.2012 at 11.15 pm i.e. night, as also admitted by RW-1 Sh. Vijay Gulati in response to Question No. 50 during his Cross-Examination, in absence of sunlight and so obviously, power got generated next day, i.e., on 10.01.2012, and only then synchronisation of Project equipments (ten invertors connected to five transformers as a matter of record as admitted by RW-1 Sh. Vijay Gulati in answer to Question No. 55 during his cross-examination) with Grid was done taking minimum possible time, and thereafter the power admittedly started flowing into already connected Grid at 2 pm. RW-1 Sh. Vijay Gulati has further admitted in response to Question No. 56 during his cross-examination at pages 99-101 (marked as Article-1) indicated commissioning procedure. Then in response to Question No.. 56 during his Cross-Examination, he has further admitted that it takes time sequentially for testing all the invertors'. Learned counsel for Claimant has drawn our attention to the fact that there were ten invertors as admitted by RW-1 Sh. Vijay Gulati himself in answer to Question No. 55. Learned Counsel for Claimant has
