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The Supreme Court docket on Monday dismissed a plea of Adani Energy Rajasthan Ltd in search of over Rs 1,300 crore as late cost surcharge from the Jaipur Vidyut Vitran Nigam Restricted, a Rajasthan government-owned energy distribution agency. Imposing Rs 50,000 as value on Adani Energy Rajasthan Ltd (APRL), a bench comprising Justices Aniruddha Bose and PV Sanjay Kumar dominated that submitting of a miscellaneous utility was not the correct authorized recourse to late cost surcharge (LPS) by the Adani agency.
“Reduction of this nature (claiming LPS) can’t be requested in a miscellaneous utility which was described in the midst of the listening to as an utility for clarification,” the bench mentioned.
The price of Rs 50,000 imposed on APRL will likely be deposited with the Supreme Court docket Authorized Help Committee, Justice Bose mentioned whereas studying out the operative portion of the judgment.
The detailed judgment is awaited.
The highest court docket, on January 24, had reserved its judgment.
The Jaipur Vidyut Vitran Nigam Restricted (JVVNL), represented by senior advocate Dushyant Dave, had vehemently opposed the plea of Adani Energy in search of over Rs 1,300 crore as LPS from the state discom.
Whereas Abhishek Singhvi represented the Adani agency, Dave appeared for JVVNL.
The Adani agency’s plea earlier than the bench was in information after the apex court docket had pulled up its registry for not itemizing the case for unspecified causes regardless of a judicial order to publish it.
“The court docket proposes and the registry disposes. This can’t be executed within the excessive courts. When registry defies court docket orders, ought to it not be considered severely? You need to go a judicial order,” Dave had submitted, prompting the bench to direct the registry. to place up the case earlier than it on January 24 this yr.
The Adani agency was in search of modification of a three-judge bench verdict delivered on August 30, 2020 on the plea of JVVNL by way of a miscellaneous utility which is filed in pending instances.
The highest court docket, in its 2020 verdict, had upheld the orders of the Rajasthan Electrical energy Regulatory Fee and the Appellate Tribunal for Electrical energy, observing that the Adani agency was entitled to compensatory tariff however to not the LPS as claimed.
The Adani agency has sought cost of Rs 1376.35 crore because the LPS “excellent” since June 30, 2022 when it comes to the facility buy settlement. The state discom, JVVNL, has opposed the plea, saying it was filed in a case already determined by the highest court docket in 2020.
“Reduction of this nature (claiming LPS) can’t be requested in a miscellaneous utility which was described in the midst of the listening to as an utility for clarification,” the bench mentioned.
The price of Rs 50,000 imposed on APRL will likely be deposited with the Supreme Court docket Authorized Help Committee, Justice Bose mentioned whereas studying out the operative portion of the judgment.
The detailed judgment is awaited.
The highest court docket, on January 24, had reserved its judgment.
The Jaipur Vidyut Vitran Nigam Restricted (JVVNL), represented by senior advocate Dushyant Dave, had vehemently opposed the plea of Adani Energy in search of over Rs 1,300 crore as LPS from the state discom.
Whereas Abhishek Singhvi represented the Adani agency, Dave appeared for JVVNL.
The Adani agency’s plea earlier than the bench was in information after the apex court docket had pulled up its registry for not itemizing the case for unspecified causes regardless of a judicial order to publish it.
“The court docket proposes and the registry disposes. This can’t be executed within the excessive courts. When registry defies court docket orders, ought to it not be considered severely? You need to go a judicial order,” Dave had submitted, prompting the bench to direct the registry. to place up the case earlier than it on January 24 this yr.
The Adani agency was in search of modification of a three-judge bench verdict delivered on August 30, 2020 on the plea of JVVNL by way of a miscellaneous utility which is filed in pending instances.
The highest court docket, in its 2020 verdict, had upheld the orders of the Rajasthan Electrical energy Regulatory Fee and the Appellate Tribunal for Electrical energy, observing that the Adani agency was entitled to compensatory tariff however to not the LPS as claimed.
The Adani agency has sought cost of Rs 1376.35 crore because the LPS “excellent” since June 30, 2022 when it comes to the facility buy settlement. The state discom, JVVNL, has opposed the plea, saying it was filed in a case already determined by the highest court docket in 2020.
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2024-03-18 12:41:04
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