Jaiprakash Power Venture Limited vs. Madhya Pradesh Electricity Regulatory Commission

ITEM NO.10 COURT NO.2 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). 7794/2024

JAIPRAKASH POWER VENTURE LIMITED Appellant(s)

VERSUS

MADHYA PRADESH ELECTRICITY REGULATORY COMMISSION & ORS. Respondent(s)

(FOR ADMISSION )

Date : 29-07-2024 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR

For Appellant(s) Mr. C A Sundaram, Sr. Adv. Mr. Sakya Singha Chaudhuri, AOR Ms. Astha Sharma, Adv. Mr. C.a. Sundaram, Sr. Adv. Ms. Ritika Singhal, Adv. Ms. Aparna Tiwari, Adv.

For Respondent(s) Ms. Sanya Sud, AOR

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

<span id="page-0-0"></span>On the oral prayer made by the learned counsel appearing for the appellant, Jaiprakash Power Venture Limited, we deem it appropriate to implead the Madhya Pradesh State Mining Corporation Limited1 and the State of Madhya Pradesh as respondent Nos. 6 and 7 respectively in the present appeal. This direction is subject to all just exceptions. The Memo of Parties to be amended accordingly. Issue notice, returnable in the week commencing 09.12.2024. Mr. Sanya Sud, the learned counsel, who is present in Court, Digitally signed by babita pandey Date: 2024.08.01 20:10:17 IST Reason: Signature Not Verified

waives service and accepts notice on behalf of respondent No.2, M.P. Power Management Co. Ltd. Hence, notice need not be served on the said respondent.

Notices to unrepresented respondents will be served by all modes, including dasti.

Counter affidavit/reply, if any, will be filed within four weeks from today.

Rejoinder affidavit, if any, may be filed within four weeks after service of the counter affidavit/reply.

It is submitted on behalf of the appellant, that the appellant, Jaiprakash Power Venture Limited, is not engaged in the business of coal mining. In view of the fact that the exercise undertaken by the MPSMCL is a Government of Madhya Pradesh undertaking, in view the reasoning of the Tribunal, the appellant, Jaiprakash Power Venture Limited, would not be liable.

(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR