Alka Verma-
Published On: September 17, 2021, at 13:18 IST
The Supreme Court of India has issued a notice regarding a Curative Petition filed by Gujarat Urja Vikas Ltd (GUVL).
The petition was against a Judgment that validated the cancellation of the Power Purchase Agreement by Adani Power.
A 5-Judge Bench led by CJI NV Ramana stated, “In our prima facie opinion, there are substantial questions of law raised in this Curative Petition, which require consideration.”
Senior Advocate Dushyant Dave wrote a letter to CJI in which he stated that commercial stakes of Adani group were misrepresented which led to violation of practice and procedure of Supreme Court.
Dave in his letter stated that, “Clearly, hearing and disposal of these two appeals have been done in complete contravention of the settled practice of the Supreme Court as also its established procedure.”
Further, he added, “Both these matters were listed, taken up and heard without any justification, and in hurry and in an improper manner. As a result, besides causing grave injury to public interest and public revenue, it has caused immense damage to the image of the Supreme Court and the administration of justice.”
GUVL moved to Gujarat State Electricity Regulatory Commission challenging the termination of a Power Purchase Agreement (PPA) by Adani Powers.
Adani Powers had cancelled the PPA stating that Gujarat Mineral Development Corporation (GMDC) had failed to supply coal.
As stated by Adani, the agreement of GUVL and Adani Groups was done on the consideration of supply of coal by GMDC.
Adani also paid an amount of Rs. 25 crores as mentioned in contract.
While the Commission as well as Appellate Tribunal stated the termination as illegal, the Apex Court upheld the termination.
A Bench comprising Justices Arun Mishra, BR Gavai and Surya Kant stated that the termination is legal and also asked to pay compensation to Adani.
It should be noted here that the same Bench also quashed the Review Petition filed by GUVL.
For now, the Apex Court has issued the notice and the same Bench which also comprise Justices UU Lalit, AM Khanwilkar, BR Gavai and Surya Kant has directed the registry to list the same matter in open Court on 30 September.
Order: https://main.sci.gov.in/supremecourt/2019/41810/41810_2019_1_1001_30143_Order_16-Sep-2021.pdf
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