Supreme Court Asks Registry To Explain Listing Of Adani Power's Application After Rajasthan Discom Alleges "Improper" Process

A Bench of Justices MR Shah and CT Ravikumar passed the direction after it took note of a letter addressed by Jaipur Vidyut Vitran Nigam Ltd. (Jaipur Discom) to the Secretary General of the Supreme Court questioning how Adani Power's Miscellaneous Application was cleared by the Registry for listing before the bench. 

"Let the Registrar (Judl.) to submit a Report within a period of ten days from today. Put up on 06.02.2023", the bench ordered.

The issue relates to the listing of the application filed by Adani Power in the case Jaipur Vidyut Vitran Nigam Ltd v. Adani Power Rajasthan Ltd , despite the final disposal of the case on August 31, 2020.  In the letter to the Secretary General of the Supreme Court, the Jaipur Discom asked how Adani Power could file a Miscellaneous Application in an already disposed of matter, when it has not filed any review petition against the judgment.

In the 2020 judgment, the Supreme Court upheld the orders passed by the Rajasthan Electricity Regulatory Commission and the Appellate Tribunal for Electricity(APTEL) to the extent holding that Adani Power was entitled to the compensatory tariff in respect of the Power Purchase Agreements with the Rajasthan Distribution Companies. However, it held that Adani Power was not eligible for the payment of claimed Late Payment Surcharge (LPS) in terms of the Power Purchase Agreement.

Adani Power's 2022 application sought to have the Respondents pay an LPS of Rs. 1376.35 Crores outstanding as on June 30, 2022, as per the terms of the Power Purchase Agreement dated January 28, 2010.

Questioning the MA, the letter filed through the Chambers of Advocate Karthik Seth argued that Adani Power's MA is a clear attempt to indirectly seek a review of the afore-said judgment after a lapse of more than 2 years and that too, "without moving any application for condonation of delay".

"While my clients had moved applications for review which came to be dismissed by an order dated 02.03.2021, APRL (Adani Power) did not file any Review petition", the letter said while adding that this is against the Supreme Court Rules, 2013. The Rules state that no application would be entertained where the review of a judgment or order is sought.

"This letter raises an extraordinarily serious question going to the very root of the institutional integrity of the Registry of the Hon’ble Supreme Court of India", stated the letter sent on behalf of Jaipur Discom with the advice of Senior Advocate Dushyant Dave.

Under the circumstances, Jaipur Vidyut Vitran Nigam had sought an immediate inquiry to ascertain how the MA was registered and listed before the Court contrary to Supreme Court Rules.

Case Title: Jaipur Vidyut Vitran Nigam Ltd. Versus Adani Power Rajasthan Ltd | Diary No. 21994-2022 XVII