IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.705 OF 2021

GUJARAT URJA VIKAS NIGAM LIMITED … APPELLANT

Versus

AMRELI POWER PROJECTS LIMITED & ORS. … RESPONDENTS

O R D E R

The Court is convened through Video Conferencing.

The instant appeal is directed against an interim order dated 20.01.2021 passed by the Appellate Tribunal for Electricity at New Delhi in I.A.No.1426 of 2020 in Appeal No.175 of 2020 whereby the Tribunal granted an unconditional stay of the interim order passed by the Gujarat Electricity Regulatory Commission.

Heard Mr. C.A. Sundaram, learned senior counsel appearing on behalf of the appellant as also Dr.A.M. Singhvi, learned senior counsel appearing on behalf of respondent Nos. 1 to 3.

Taking into consideration the fact that the instant appeal has been filed against an interim order passed by the Appellate Tribunal for Electricity and the main appeal is still pending adjudication before it, without expressing any opinion on the merits of the case, we direct the appellant not to take any coercive action like termination of PPA till the disposal of the appeal. We also permit the respondents to supply the power to the appellant, which may be accepted by the appellant, during the interregnum without paying any amount to the respondents till the disposal of Digitally signed by SATISH KUMAR YADAV Date: 2021.09.23 18:33:57 IST Reason: Signature Not Verified

the appeal. The amount payable will be settled and adjusted subject to the determination of the issue(s) raised in the pending appeal, by the Appellate Tribunal for Electricity.

The appeal stands disposed in the above terms.

As a sequel to the above, pending interlocutory application also stands disposed of.

.........................CJI. (N.V. RAMANA)

..............…………….......J. (SURYA KANT)

..............…..........J. (HIMA KOHLI)

NEW DELHI; SEPTEMBER 21, 2021. 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).705/2021

GUJARAT URJA VIKAS NIGAM LIMITED Appellant(s)

VERSUS

AMRELI POWER PROJECTS LIMITED & ORS. Respondent(s)

IA No. 44159/2021 - MODIFICATION OF COURT ORDER

Date : 21-09-2021 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT HON'BLE MS. JUSTICE HIMA KOHLI

For Appellant(s) Mr. C.A. Sundaram, Sr. Adv. Mr. M.G. Ramachandran, Sr.Adv. Ms. Hemantika Wahi, AOR Ms. Ranjitha Ramachandran, Adv. Ms. Jesal Wahi, Adv.

For Respondent(s) Dr. A.M. Singhvi, Sr.Adv. Mr. E. C. Agrawala, AOR

UPON hearing the counsel the Court made the following O R D E R

The Court is convened through Video Conferencing. The appeal stands disposed in terms of the signed order. As a sequel to the above, pending interlocutory application also stands disposed of.

(SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)