IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Civil Appeal No of 2023 [Diary No 32980/2022]

Gulbarga Electricity Supply Company Limited Appellant

Versus

Tavalgeri Solar Power Project LL.P. and Others Respondents

WITH

Civil Appeal No of 2023 [Diary No 33053/2022] Civil Appeal No of 2023 [Diary No 33572/2022]

O R D E R

• 1 There is a delay of 134, 107 and 141 days in filing the appeals under Section 125 of the Electricity Act 2003.
• 2 In view of the decision of this Court in Chhattisgarh State Electricity Board vs Central Electricity Regulatory Commission and Others [(2010 5 SCC 23], the appeals are barred by time.

• 3 The Civil Appeals are dismissed on the ground of limitation.
• 4 Pending applications, if any, stand disposed of.

….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud]

..…....…........……………….…........J. [Pamidighantam Sri Narasimha]

New Delhi; January 9, 2023 CKB

R E V I S E D

ITEM NO.19 COURT NO.1 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.32980/2022

(Arising out of impugned final judgment and order dated 31-03-2022 in AN No.39/2019 passed by the Appellate Tribunal for Electricity at New Delhi)

GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s)

VERSUS

TAVALGERI SOLAR POWER PROJECT LLP & ORS. Respondent(s)

(With IA No.178333/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.178332/2022-STAY APPLICATION and IA No.178331/2022-CONDONATION OF DELAY IN FILING APPEAL)

WITH Diary No(s). 33053/2022 (XVII)

(With IA No.189031/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.189030/2022-STAY APPLICATION and IA No.189028/2022-CONDONATION OF DELAY IN FILING APPEAL and IA No.189029/2022-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS) Diary No.33572/2022 (XVII)

(Withg IA No.188921/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.188919/2022-STAY APPLICATION and IA No.188917/2022-CONDONATION OF DELAY IN FILING APPEAL and IA No.188918/2022-CONDONATION OF DELAY IN REFILING/ CURING THE DEFECTS)

Date : 09-01-2023 These appeals were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA CA D.32980/2022

For Petitioner(s)	Mr. K.V. Vishwanathan, Sr. Adv. (*)<br>Mr. S. Vallinayagam, Adv.<br>Mr. Sivagnaman Karthikeyan, Adv.<br>Mr. Akhil Nambiar, Adv.<br>Mr. Yashraj Singh Bundela, AOR
For Respondent(s)	Mr. Basava Prabhu Patil, Sr. Adv.<br>Ms. Priyashree Sharma Ph, Adv.<br>Mr. Syed Faraz Alam, Adv.<br>Mr. Atharva Gaur, Adv.<br>Ms. Prerna Priyadarshini, AOR

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

• 1 The Civil Appeals are dismissed in terms of the signed order.
• 2 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar (Signed order is placed on the file)

Note: Revised for updating the names of counsel(*)

ITEM NO.19 COURT NO.1 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.32980/2022

(Arising out of impugned final judgment and order dated 31-03-2022 in AN No.39/2019 passed by the Appellate Tribunal for Electricity at New Delhi)

GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED Appellant(s)

VERSUS

TAVALGERI SOLAR POWER PROJECT LLP & ORS. Respondent(s)

(With IA No.178333/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.178332/2022-STAY APPLICATION and IA No.178331/2022-CONDONATION OF DELAY IN FILING APPEAL)

WITH Diary No(s). 33053/2022 (XVII)

(With IA No.189031/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.189030/2022-STAY APPLICATION and IA No.189028/2022-CONDONATION OF DELAY IN FILING APPEAL and IA No.189029/2022-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS) Diary No.33572/2022 (XVII)

(Withg IA No.188921/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.188919/2022-STAY APPLICATION and IA No.188917/2022-CONDONATION OF DELAY IN FILING APPEAL and IA No.188918/2022-CONDONATION OF DELAY IN REFILING/ CURING THE DEFECTS)

Date : 09-01-2023 These appeals were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Petitioner(s)	Mr K.V. Vishwanathan, Sr. Adv.<br>Mr. Yashraj Singh Bundela , AOR
For Respondent(s)	Mr. Basava Prabhu Patil, Sr. Adv.<br>Ms. Priyashree Sharma Ph, Adv.<br>Mr. Syed Faraz Alam, Adv.<br>Mr. Atharva Gaur, Adv.<br>Ms. Prerna Priyadarshini, AOR

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

• 1 The Civil Appeals are dismissed in terms of the signed order.
• 2 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar (Signed order is placed on the file)