Tata Power Renewable Energy Limited vs. Southern Power Distribution Company Of Andhra Pradesh Limited
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
1 Feb 2021
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Order Text
ITEM NO.19 Court 6 (Video Conferencing) SECTION XII-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).432/2021
(Arising out of impugned final judgment and order dated 15-10-2019 in WP No. 15950/2019 passed by the High Court of Andhra Pradesh at Amravati)
M/S. WALWHAN RENEWABLE ENERGY LIMITED Petitioner(s)
VERSUS
SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED & ORS. Respondent(s)
(WITH I.R. and IA No.5799/2021-CONDONATION OF DELAY IN FILING and IA No.5802/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.5805/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
WITH
Diary No(s). 408/2021 (XII-A)
(WITH I.R. and IA No.5953/2021-CONDONATION OF DELAY IN FILING and IA No.5956/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.5958/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 01-02-2021 These petitions were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH
| For Petitioner(s) | Mr. Shyam Divan, Sr. Adv. |
|---|---|
| Mr. Sajan Poovayya, Sr. Adv. | |
| Mr. Venkatesh, Adv. | |
| Mr. Nitin Saluja, AOR | |
| Ms. Shivani Lohiya Luthra, Adv. | |
| Mr. Suhael Buttan, Adv. | |
| Mr. Anant Singh, Adv. | |
| Mr. Abhishek Nangia, Adv. | |
| Mr. Siddharth Joshi, Adv. | |
| Mr. Rishub Kapoor, Adv. | |
| Sasha Maria Paul, Adv. | |
| For Respondent(s) | Mr. Arjun Krishnan, Adv. |
| R-5 | Mr. Sumit Srivastava, Adv. |
UPON hearing the counsel the Court made the following O R D E R
- 1 Mr Shyam Divan and Mr Sajan Poovayya, learned Senior Counsel appearing on behalf of the petitioners, in support of the Special Leave Petitions, submit that:
- (i) The interim orders of the High Court dated 15 October 2019 were passed ex parte without hearing the petitioners who were not impleaded as respondents under Article 226 of the Constitution;
- (ii) Though the petitioners have since been impleaded, several applications made before the High Court for early listing of the petitions have been unsuccessful;
- (iii) As a consequence of the interim directions of the High Court, the petitioners who are generators of electricity are supplying electricity to the first respondent and no payment has been made of the outstanding dues since March 2020; and
- (iv) The direction of the High Court effectively operates to preclude the petitioners from enforcing the provisions of the Power Purchase Agreement and the directions issued by the Andhra Pradesh Electricity Regulatory Commission.
- 2 Issue notice on the applications for condonation of delay, prayer for interim relief and on the Special Leave Petitions, returnable on 22 February 2021.
- 3 Dasti, in addition, is permitted.
2
4 In the meantime, the High Court may hear and decide the applications which have been filed by the petitioners for vacating or, as the case may be, modification of the interim orders dated 15 October 2019.
AR-CUM-PS COURT MASTER
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)