Uttar Pradesh Power Corporation Ltd vs. Adani Green Energy (Uttar Pradesh) Ltd
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
27 Feb 2023
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Order Text
ITEM NO.21 COURT NO.1 SECTION XVII
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Civil Appeal No(s).974/2023
UTTAR PRADESH POWER CORPORATION LIMITED Appellant(s)
VERSUS
M/S SAHASRADHARA ENERGY PRIVATE LIMITED & ORS. Respondent(s)
(FOR ADMISSION and IA No.32181/2023-EX-PARTE STAY and IA No.32184/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 32181/2023 - EX-PARTE STAY, IA No. 58373/2023 - GRANT OF INTERIM RELIEF, IA No. 58379/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 68598/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 24-07-2023 This appeal was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA
| For Appellant(s) | Mr. Parag Tripathi, Sr. Adv. | ||
|---|---|---|---|
| Mr. S. S. Shroff, AOR | |||
| Mr. Aashish Gupta, Adv. | |||
| Mr. Arjun Pall, Adv. | |||
| Ms. Aarushi Mishra, Adv. | |||
| Mr. Rajarshi Roy, Adv. | |||
| For Respondent(s) | Ms. Swapna Seshadri, Adv. | ||
| Mr. Anand K. Ganesan, Adv. | |||
| Mr. Nikunj Dayal, AOR | |||
| Mr. Pramod Dayal, Adv. | |||
| Mr. Utkarsh Singh, Adv. | |||
| UPON hearing the counsel the Court made the following |
O R D E R
1 In respect of the past dues payable to the first respondent, it is common ground that payment has been made by the appellant at the old rate of Rs 5.07/KWH.
2 We issue the following interim directions:
- (i) In respect of future payments against the invoices which may be raised by the first respondent, the appellant shall presently pay at the old rate of Rs 5.07/KWH. The appellant shall make a provision in its own account representing the differential between the rate of Rs 7.02/KWH which has been accepted by the Appellate Tribunal for Electricity in its impugned order and the rate of Rs 5.07/KWH, which was fixed by the Uttar Pradesh Electricity Regulatory Commission. Payment of the differential shall stand stayed for the future, at this stage; and
- (ii) There shall be no stay on the payment of the differential in respect of the past period. However, any such payment which shall be made in respect of the past period shall abide by the result of the present appeal and will be subject to such further directions as may be passed in the final order.
- 3 Tag with Civil Appeal No 1235 of 2023.