The Supreme Court docket on Monday dismissed a plea of Adani Energy Rajasthan Ltd searching for 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 price 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. “Relief of this nature (claiming LPS) cannot be asked in a miscellaneous application which was described in the course of the hearing as an application for clarification,” the bench mentioned. The price of Rs 50,000 imposed on APRL shall be deposited with the Supreme Court docket Authorized Assist Committee, Justice Bose mentioned whereas studying out the operative portion of the judgement. The detailed judgement is awaited. The highest court docket, on January 24, had reserved its judgement. The Jaipur Vidyut Vitran Nigam Restricted (JVVNL), represented by senior advocate Dushyant Dave, had vehemently opposed the plea of Adani Energy searching for 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 proposes and the registry disposes. This cannot be done in the high courts. When registry defies court orders, should it not be viewed seriously? You should pass 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 12 months. The Adani agency was searching for modification of a three-judge bench verdict delivered on August 30, 2020 on the plea of JVVNL by means of a miscellaneous utility which is filed in pending circumstances. 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 “outstanding” since June 30, 2022 by way of the ability 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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