Setback for Adani Power Rajasthan: SC rejects Adani firm’s plea for over Rs 1300 crore as LPS from Rajasthan state discom


Supreme Court A petition of rejected on Monday Adani Power Rajasthan Limited Demanded over Rs 1,300 crore as late payment surcharge from Jaipur Electricity Distribution Corporation Limited, a power distribution firm owned by the Government of Rajasthan. Adani Power Rajasthan Limited fined Rs 50,000 (aprl), a bench of Justices Aniruddha Bose and PV Sanjay Kumar ruled that the filing of the miscellaneous application was not the appropriate legal recourse for late payment surcharge (LPS) levied by the Adani firm.
“Relief of this nature (LPS's claim) cannot be sought in a miscellaneous application, which was described during the hearing as an application for clarification,” the bench said.
Justice Bose, reading the operative portion of the judgment, said the cost of Rs 50,000 imposed on APRL would be deposited with the Supreme Court Legal Aid Committee.
A detailed decision is awaited.
The apex court had reserved its decision on January 24.
Jaipur Vidyut Vitran Nigam Limited (JVVNL), represented by senior advocate Dushyant Dave, had strongly opposed Adani Power's plea seeking over Rs 1,300 crore as LPS from the state discom.
While Abhishek Singhvi represented the Adani firm, Dave appeared for JVVNL.
The Adani firm's plea before the bench was in the news after the apex court pulled up its registry for not listing the case for unspecified reasons despite a judicial order.
Dave said, “The court makes the proposal and the registry settles it. This cannot be done in high courts. When the registry disregards court orders, should it not be taken seriously? You have to pass a judicial order. Needed.” The matter will be placed before him on January 24 this year.
The Adani firm was seeking modification of the three-judge bench's verdict delivered on August 30, 2020, on JVVNL's plea through a miscellaneous application, which has been filed in the pending cases.
The top court, in its 2020 judgment, had upheld the orders of the Rajasthan Electricity Regulatory Commission and the Electricity Appellate Tribunal, which had said that the Adani firm was entitled to compensatory tariff, but not LPS, as claimed.
The Adani firm has sought payment of Rs 1376.35 crore as “dues” of LPS from June 30, 2022, in terms of the power purchase agreement. State discom, JVVNL, has opposed the plea, saying it was filed in a case already decided by the top court in 2020.

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