Ajmer Vidyut Vitran Nigam Limited vs. Tamil Nadu Power Producers Association

ITEM NO.7 COURT NO.4 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 Diary No(s).10826/2022

(Arising out of impugned final judgment and order dated 07-06-2021 in AN No. 131/2020 passed by the Appellate Tribunal For Electricity At New Delhi)

AJMER VIDYUT VITRAN NIGAM LIMITED Appellant(s)

VERSUS

TAMIL NADU POWER PRODUCERS ASSOCIATION & ORS. Respondent(s)

(WITH IA No.61292/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.61291/2022-STAY APPLICATION and IA No.61290/2022-PERMISSION TO FILE APPEAL)

Date : 02-05-2022 This appeal was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT

For Petitioner(s) Ms. Shraddha Deshmukh, Adv. Ms. Supriya Juneja, AOR

For Respondent(s)

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

• 1 Permission to file the appeal granted.
• 2 Issue notice.
• 3 Tag with Civil Appeal No 1142 of 2022.

4 Ms Shraddha Deshmukh, counsel appearing on behalf of the appellant, submits that in view of the provisions contained in Clause 11.7(a) of the Terms and Conditions for Supply of Electricity – 2021 framed by the Rajasthan Electricity Regulatory Commission, no sum due from any consumer on account of electricity charges can be recoverable and the licensee is precluded from cutting off of the electricity supply after a lapse of two years. In this backdrop, counsel states that permission may be granted to the DISCOMs in the State of Rajasthan to raise demands, subject to their statement that pending the disposal of the proceedings before this Court, the demands will not be enforced.

• 5 On the above submission, it would be appropriate to hear the respondents before any such a direction is issued.
• 6 Hence, notice shall also issue on the submission noted above seeking an interim direction in those terms.

AR-CUM-PS COURT MASTER

(SANJAY KUMAR-I) (RAM SUBHAG SINGH)