Power Grid Corporation Of India Ltd vs. Bses Rajdhani Power Ltd

ITEM NO.17 COURT NO.7 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 Nos.74-75/2023

POWER GRID CORPORATION OF INDIA LTD. Appellant(s)

VERSUS

BSES RAJDHANI POWER LTD. & ORS. Respondent(s)

(FOR ADMISSION and IA No.2560/2023-EX-PARTE STAY and IA No.2563/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 23-01-2023 These appeals were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH

• For Appellant(s) Mr. C. Aryama Sundaram, Sr. Adv. Ms. Swapna Seshadri, Adv. Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv. Ms. Neha Garg, Adv. Mr. Zafar Inayat, Adv.
• For Respondent(s) Hasan Murtaza, AOR Mr. Arijit Maitra, Adv.

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

Issue notice, returnable in the month of August, 2023.

We are issuing the notice as it is stated that in number of other cases, applications have been filed before the Appellate Tribunal challenging the orders passed by the Central Electricity Regulatory Commission ("CERC") revising / amending the orders passed by them in the Light of the ratio of the impugned judgment, though, the review / amendment orders in those cases were passed between the years 2004 to 2009. It is submitted that belated challenge will result in substantial liabilities payable by the appellant. Digitally signed by BABITA PANDEY Date: 2023.01.23 14:37:30 IST Reason: Signature Not Verified

Learned Senior Advocate appearing for the appellant, on instructions, states that the appellant would not press for recovery of the disputed against the respondents.

In view of the issue raised, we stay the ratio of the judgment as a precedent, but clarify that it will be open to the authorities to duly consider all reasons and contentions and pass order / judgment without relying upon the impugned judgment.

(NEHA GUPTA) (R.S. NARAYANAN) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)