Southern Power Distribution Company Of Andhra Pradesh Limited vs. Jsw Power Trading Company Limited

ITEM NO.20 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 No(s). 86-87/2023

JSW POWER TRADING COMPANY LTD Appellant(s)

VERSUS

SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD. & ANR. Respondent(s)

( IA No.3024/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.3025/2023-STAY APPLICATION and IA No.3026/2023- PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 16-01-2023 These appeals were called on for hearing today.

CORAM :

Reason:

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

For Appellant(s)

Mr. Shyam Divan, Sr. Adv. Mr. Aman Anand, Adv. Mr. Vivek Singh, AOR Mr. Aman Dikshit, Adv.

For Respondent(s)

Mr. Mahfooz A. Nazki, AOR Mr. Polanki Gowtham, Adv. Ms. Rajeswari Mukherjee, Adv. Ms. Niti Richhariya, Adv.

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

Issue notice, returnable in the month of July 2023.

Mr. Mahfooz A. Nazki, learned counsel appearing on behalf of the respondents, accepts notice. Digitally signed by BABITA PANDEY Date: 2023.01.17 15:46:34 IST Signature Not Verified

Our attention is drawn to Section 86(1)(f) of the Electricity Act, 2003, and the judgment of this Court in the case of "Gujarat

Urja Vikas Nigam Ltd. v. Essar Power Ltd.", (2008) 4 SCC 755, to urge that it was open to the State Electricity Commission to adjudicate the dispute or refer the matter to arbitration. In this case, the State Electricity Commission had adjudicated the dispute, as there were no disputed facts and only calculation was required to be made. The appellate tribunal, however, has set aside that order and directed the parties to approach and opt for arbitration.

Till the next date of hearing, there will be a stay of the operation of the impugned order.

Learned counsel for the respondents states that they have also preferred a civil appeal vide Civil Appeal No. 309/2023. Appropriate orders will be passed when the said civil appeal is listed for hearing.

Learned Senior Advocate appearing on behalf of the appellant states that they would like to settle the matter. It is open to the appellant to approach the respondents for the said purpose.

(BABITA PANDEY) COURT MASTER (SH)

(R.S. NARAYANAN) COURT MASTER (NSH)