Bangalore Electricity Supply Company Limited vs. Kodangal Solar Parks Private Limited

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2722 - 2723 /2025 [@ Diary No(s). 41704/2024]

CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED Appellant(s)

VERSUS

ADANI GREEN ENERGY (UP) LIMITED & ORS. Respondent(s) WITH CIVIL APPEAL NO.2724 - 2728 /2025 [@ Diary No(s). 34068/2024]

CIVIL APPEAL NO.2729 - 2730/2025 [@ Diary No(s). 34070/2024]

CIVIL APPEAL NO. 2731 - 2732/2025 [@ Diary No(s). 41706/2024]

O R D E R

Delay condoned.

Heard the learned senior counsel appearing for the appellants.

We are not inclined to interfere with the impugned judgment as in an earlier Civil Appeal being Gulbarga Electricity Supply Company Limited v. Adani Green Energy (U.P.) Limited & Ors. [Civil Appeal No. 8331 of 2024] pertaining to the very same issues raised and involved before us in the present civil appeals, this Court has already refused to interfere with the impugned judgment. In view of the above, we are inclined to dismiss the present civil appeals, being devoid of merits.

Learned senior counsel appearing for the appellants would submit that there are few factual errors apparent on the face of record in the impugned judgment and, therefore, liberty may be given to the appellants to file a review only on those aspects.

We make it clear that the present civil appeals, as afore-stated, are dismissed. However, limited liberty is given to the appellants to seek a review before the Appellate Tribunal for Electricity on the factual error, if any, that has occurred within the parameters of review for an error apparent on the face of the record.

For the aforesaid reason, a limited liberty is also given to the appellants to challenge the impugned judgment, in the event that the review applications filed by the appellants are dismissed, touching upon any factual error apparent on the face of the record.

Pending application(s), if any, shall stand disposed of.

...................J. [M.M. SUNDRESH]

...................J. [RAJESH BINDAL]

NEW DELHI; FEBRUARY 17, 2025.

ITEM NO.33 COURT NO.8 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). 41704/2024

[Arising out of impugned final judgment and order dated 14-05-2024 in AN No. 130/2022 30-05-2024 in IA No. 851/2024 passed by the Appellate Tribunal for Electricity at New Delhi]

CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED Petitioner(s)

VERSUS

ADANI GREEN ENERGY (UP) LIMITED & ORS. Respondent(s) IA No. 283737/2024 - CONDONATION OF DELAY IN FILING IA No. 283738/2024 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS

IA No. 283736/2024 - STAY APPLICATION

WITH

Diary No(s). 34068/2024 (XVII)

FOR STAY APPLICATION ON IA 296076/2024 FOR PERMISSION TO FILE APPEAL ON IA 296077/2024 FOR CONDONATION OF DELAY IN FILING ON IA 296078/2024 FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 296079/2024 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 297884/2024

Diary No(s). 34070/2024 (XVII)

FOR STAY APPLICATION ON IA 295293/2024 FOR PERMISSION TO FILE APPEAL ON IA 295294/2024 FOR CONDONATION OF DELAY IN FILING ON IA 295295/2024 FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 295296/2024

Diary No(s). 41706/2024 (XVII) FOR CONDONATION OF DELAY IN FILING ON IA 285531/2024 FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 285532/2024 FOR STAY APPLICATION ON IA 285533/2024

Date : 17-02-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL

For Petitioner(s) Mr. C.A. Sundraram, Sr. Adv.

Mr. Raghavendra Srivatsa, Sr. Adv. Mr. S. Sriranga, Sr. Adv. Ms. Garima Jain , AOR For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. V. Giri, Sr. Adv. Mr. Mahesh Agarwal, Adv. Ms. Poonam Sengupta, Adv. Mr. Arshit Anand, Adv. Mr. Rao Vishwaja, Adv. Mrs. Sakshi Kapoor, Adv. Mr. Shashwat Singh, Adv. Ms. Sakshi Kapoor, Adv. Ms. Vidisha Swarup, Adv. Mr. E. C. Agrawala, AOR UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

The appeals are dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) DEPUTY REGISTRAR ASSISTANT REGISTRAR

[Signed order is placed on the file]