Jsw Energy Ltd vs. Jaipur Vidyut Vitaran Nigam Ltd. (Jvvnl)

ITEM NO.601 COURT NO.1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 5405/2016 (Arising out of impugned final judgment and order dated 18/02/2016 in DBSAW No. 182/2016 passed by the High Court Of Rajasthan At Jaipur) JSW ENERGY LTD. Petitioner(s) VERSUS JAIPUR VIDYUT VITARAN NIGAM LTD. (JVVNL) Respondent(s) (With appln. for exemption from filing c/c of the impugned judgment and interim relief) Date : 24/02/2016 This petition was called on in mentioning Board. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Kapil Sibal, Sr. adv. Mr. Kapil Arora, Adv. Ms. Manjula Baxla, Adv. Ms. Nattasha Garg, Adv. Mr. Rahul Kumar, Adv. Mr. Aman Anand, Adv. Mr. Koshy John, Adv. for M/s. Cyril Amarchand Mangaldas,Adv. For Respondent(s) Mr. Mukul Rohatgi, A.G. Ms. Shobha, Adv. Mr, Lal Pratap Singh, Adv. Mr. Umesh Pratap Singh, Adv. Mr. Vikram Singh Arya, Adv. Ms. Akanksha Kaushik, Adv. Mr. Shrey Dambhare, Adv. Mr. R. C. Kohli,Adv. Signature Not Verified Digitally signed by UPON hearing the counsel the Court made the following ASHOK RAJ SINGH Date: 2016.02.26 17:07:08 IST O R D E R Taken on Board. We have heard Shri Kapil Sibal, learned senior 2 counsel appearing for the petitioner and Shri Mukul Rohatgi, learned Attorney General appearing for the respondent at considerable length, who have taken us

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Reason:

to the order passed by the learned Single Judge as

also by the Division Bench.

We are informed by the learned Attorney General that the writ petitions are now listed for final hearing on 03.03.2016 before a learned Single Judge of the High Court. He submits that keeping in view the nature of the issues that have been raised for consideration of the High Court, it would be more appropriate if the writ petitions are referred to a Division Bench of the High Court for final hearing to avoid procrastination of the proceedings before the High Court. He further submits that the respondent may be, in the meantime, permitted to process the bids received in response to the tender notices but no final order regarding award of any franchise shall be issued by the respondent without the leave of the Division Bench of the High Court. That arrangement, in our opinion, will sufficiently safeguard the interests of the petitioner as also that of the respondent. In the circumstances, we direct as under :

1. W.P. Nos. 612 and 613 of 2016 filed by the petitioner-herein shall stand referred to the Division Bench of the High of Rajasthan at Jaipur.

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2. The respondent-Jaipur Vidyut Vitaran Nigam Ltd. shall file a counter affidavit, if not already filed, within one week's time from today. Rejoinder Affidavit, if any, shall be filed within one week thereafter. The writ petitions shall then set down for final hearing before the Division Bench of the High Court immediately after two weeks. 3) The respondent company shall be free to process the bids received by it in response to the tender notices dated 15.10.2015 but no formal order

of award of the franchise to the successful bidders shall be issued without the leave of the Division Bench of the High Court. We request the Division Bench of the High Court to make an endeavor to expeditiously dispose of the matter, keeping in view the urgency expressed by the learned counsel for the parties, preferably within four weeks from the date the matter is first listed before the Division Bench of the High Court. 4) The order passed by the learned Single Judge and

the Division Bench of the High Court shall stand 4

modified to the above extent.

The special leave petition is accordingly disposed of.

[ Charanjeet Kaur ] [ Veena Khera ] A.R.-cum-P.S. Court Master