M. P. Power Management Company Limited vs. Sky Power Southeast Solar India Private Ltd

ITEM NO.43 Court 6 (Video Conferencing) SECTION IV-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) Nos.4609-4610/2021

(Arising out of impugned final judgment and order dated 27-02-2020 in WP No. 4205/2019 28-12-2020 in RP No.682/2020 passed by the High Court of M.P. Principal Seat at Jabalpur)

M.P. POWER MANAGEMENT COMPANY LIMITED Petitioner(s)

VERSUS

M/S SKY POWER SOUTHEAST SOLAR INDIA PRIVATE LTD. & ORS. Respondent(s)

(IA No. 40054/2021 - PERMISSION TO FILE LENGTHY LIST OF DATES)

Date : 16-08-2021 These matters were called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HRISHIKESH ROY
• For Petitioner(s) Mr. Purushaindra Kaurav, Sr. Adv. Mr. Anish Kumar Gupta, AOR Ms. Archana Preeti Gupta Adv. Mr. Chandra Shekhar Suman, Adv. Ms. Rita Gupta, Adv. Mr. Avdhesh Kumar Singh, Adv. Ms. Deep Shikha Bharati, Adv. For Respondent(s) Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Naman Nagrath, Sr. Adv. Mr. Ramanuj Kumar, Adv.
  • Mr. Manpreet Lamba, Adv.
  • Ms. Priya Modi, Adv. M/S. Cyril Amarchand Mangaldas, AOR

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

Permission to file lengthy list of dates allowed. Learned counsel for the respondent(s) wanted an early

date of hearing arising from the interim order which was

Digitally signed by RASHI GUPTA Date: 2021.08.19 15:32:10 IST Reason: Signature Not Verified

granted on 16.4.2021. Learned counsel for the petitioner stated that he has no objection if what was the interim arrangement made vide Order dated 26.9.2017 (page 182) can operate i.e. the power can be generated and supplied to the common grid and used by third party at the present rate.

However, learned senior learned counsel for the respondents submits that the aforesaid is not feasible as that would not meet his fixed costs. In effect what the respondent wants is that he should get the guaranteed amount of Rs.5.109 per unit as per the PPA Agreement which is the controversy raised before us.

Aforesaid being the position, it is not possible to have an alternative interim arrangement and thus the interim order dated 16.4.2021 is made absolute.

Learned counsel for the parties state that they will file a short synopsis running into not more than 3 pages each and will confine their submissions to 30 minutes and 20 minutes respectively for the petitioner and the respondents.

On the aforesaid assurance, list for final disposal on 28th September, 2021 in the after notice miscellaneous matter.

(RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER