Delhi High Court Keeps In Abeyance Directions To CBI, DRI To Look Into Allegations Of Over-Invoicing By Adani Power

The Delhi High Court has put in abeyance its earlier directions to the Union Government, Central Bureau of Investigation (CBI) and Directorate of Revenue Intelligence (DRI) to “meticulously and expeditiously” look into the allegations of over invoicing of coal imports and equipments by power companies belonging to the Adani Group.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna on December 19 last year had directed the authorities to “unearth the actual factual position” and take appropriate actions against the erring power companies including those of Adani Group and Essar Group, if any, as per law.

Adani Power Limited moved two applications seeking recall of the direction against it in the judgment.

The bench was informed by Adani Power Limited that the appeal filed by Commissioner of Customs (Import) against Adani Power Maharashtra Power Limited was dismissed by the Supreme Court in March last year.

It was further informed that the concerned department has filed a review petition before the Apex Court, which is pending adjudication.

“In view of the fact that review petition preferred by the department is subjudice before the Hon'ble Supreme Court; the directions passed by this Court in para 52 of judgment dated 19.12.2023 in respect of M/s Adani Power Maharashtra Limited and M/s Adani Power Rajasthan Limited (now M/s Adani Power Limited) are kept in abeyance awaiting outcome of the said review petitions,” the court said.

The judgment was passed last month in two PILs filed in 2017 seeking Special Investigating Team (SIT) probe against various private power generating companies for over invoicing carried out by them.

One PIL was moved by Centre for Public Interest Litigation and Common Cause, represented by Advocate Prashant Bhushan. The plea sought SIT probe into the reports of DRI against various private power generating companies for over invoicing carried out by them.

Another PIL was filed by Harsh Mander seeking CBI probe in respect of over invoicing in power projects, as reported by DRI or to set up a SIT under a retired Judge of the Supreme Court of India to probe into the over invoicing.

Both the petitioners claimed that DRI investigated three projects of equipment imports by Adani Group, one relating to Transmission Line Projects and second, Power Plan Projects.

Title: CENTRE FOR PUBLIC INTEREST LITIGATION AND ANR. v. UNION OF INDIA AND ORS. and other connected matter

Citation: 2024 LiveLaw (Del) 33

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