The State Of Uttarakhand State Of Uttarakhand Through Secretary Energy vs. Reliance Infrastructure Ltd. Through Its Managing Director
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Order Issued After Hearing
Purpose:
Administrative Order
Before:
Hon'ble Rohinton Fali Nariman, Hon'ble Sanjay Kishan Kaul
Stage:
ORDERS (INCOMPLETE MATTERS / IAs / CRLMPs)
Remarks:
Disposed off
Listed On:
11 Oct 2017
In:
Judge
Category:
UNKNOWN
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Order Text
TTEM NO. $2$ COURT NO.12 SECTION X SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16303/2012 (Arising out of impugned final judgment and order dated 27-04-2012 in SA No. 14/2011 passed by the High Court Of Uttarakhand At Nainital) M/S GVK AND L&T CONSORTIUM & ANR. Petitioner(s) VERSUS RELIANCE INFRASTRUCTURE LTD & ORS. Respondent(s) WITH SLP(C) No. $26877/2012$ (X) SLP(C) No. $37250/2012$ (X) Date: 10-11-2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL Counsel for parties: Mr. M.L. Lahoty, Adv. Mr. Paban K. Sharma, Adv. Mr. Anchit Sripat, Adv. Mr. Himanshu Shekhar, AOR Ms. Ruchi Kohli, AOR Mr. Amit Anand Tiwari, Adv. Ms. Sangeeta Mandal, Adv. Ms. Swati Sinha, Adv. Ms. Sukanya Basu, Adv. For M/s. Fox Mandal & Co., AOR Ms. S. Lakshmi Iyer, Adv. Ms. Aishwarya Dash, Adv. M/s. Parekh & Co., AOR Mr. Mahesh Agarwal, Adv. Ms. Parul Shukla, Adv. Mr. E. C. Agrawala, AOR UPON hearing the counsel the Court made the following ORDER
We have been informed that recently the State of Uttarakhand has scrapped both projects and is planning to re-tender for both.
$\mathbf{1}$
In para 45 of the impugned judgment, Reliance was directed to pay a sum of Rs. 16.83 Crores to the appellant GVK, which we are informed has not been paid till date.
Learned counsel appearing on behalf of the GVK has pointed out to us that in para 43 of the impugned judgment in case the State decides to cancel award of Bogudiyar Sirkari Bhyol project in favour of GVK, the State will refund monies that it has received from GVK on account of the said project.
We are not touching the impugned Division Bench judgment as the Special Leave Petitions have become infructuous.
In view of subsequent events, all that can be said is that the appellant must work out its remedy with the State so far as both projects are concerned.
With these observations, the Special Leave Petitions are disposed of.
COURT MASTER (SH) COURT MASTER
(R. NATARAJAN) (SAROJ KUMARI GAUR)