The Supreme Court docket on Monday dismissed a petition moved by Adani Energy Rajasthan Ltd in search of over Rs 1,300 crore as late fee surcharge (LPS) from the Jaipur Vidyut Vitran Nigam Restricted (JVVNL). The highest courtroom slapped a price of Rs 50,000 on Adani Energy Rajasthan Ltd (APRL) for submitting the miscellaneous utility (MA).
A bench comprising Justices Aniruddha Bose and PV Sanjay Kumar stated that submitting a miscellaneous utility was not the right authorized recourse to LPS by the Adani agency.
JVVNL is an influence distribution agency owned by the Rajasthan authorities.
The bench noticed {that a} reduction of this nature can’t be sought by a miscellaneous utility which was described in the midst of the listening to as an utility for clarification.
Whereas dictating order the bench stated, “we now have examined the problem in higher element. The applicant after the three-judge choice was delivered didn’t file any petition for evaluate, however the discoms opinions had been dismissed.”
The bench nonetheless stated that the order of this courtroom “doesn’t mirror something on maintainability nor does it seem to have been raised then…we accordingly dismiss the MA and impose a price of Rs 50,000 to be remitted to the Supreme Court docket authorized assist committee.”
The price of Rs 50,000 that will likely be recovered from Adani’s agency will likely be deposited with the Supreme Court docket Authorized Help Committee, Justice Bose stated whereas studying out the judgment.
On January 24, the apex courtroom had reserved its verdict on this case.
The case made headlines after the Supreme Court docket pulled up its registry for not itemizing the case for unspecified causes regardless of a judicial order to publish it. Senior Advocate Dushyant Dave who appeared for the state discom within the courtroom requested the bench to go a judicial order directing registry to checklist the case. Following Dave’s submission the bench handed an order directing the registry to checklist the case earlier than it. And subsequently the case was listed for January 24.
The Adani agency had moved the highest courtroom in search of modification of an August, 2020 verdict by a three-judge bench of the apex courtroom that dominated that the Adani agency can declare compensatory tariff however to not the LPS.
The Adani Energy Rajasthan Ltd had claimed a fee of Rs 1376.35 crore because the excellent LPS since June 30, 2022 by way of the facility buy settlement.