SC seeks Adani Powers reply on curative plea of GUVNL against termination of PPA
New Delhi Sep 30 PTI The Supreme Court Thursday asked Adani Power Mundra Ltd to respond within three weeks to a curative plea of Gujarat Urja Vikas Nigam Ltd GUVNL challenging the apex courts 2019 verdict which had upheld the private firms termination of a pact with the state PSU A five-judge Constitution bench headed by Chief Justice N V Ramana conducted a rare open court hearing of a curative plea in a commercial dispute and took note of the submissions of senior advocates Harish Salve and Mukul Rohatgi appearing for Adani Power that some time may be granted for filing the response to the GUVNL The respondent Adani power sought time to file a reply to the petition Three weeks time has been given for filing the reply and two weeks thereafter for filing the rejoinder by GUVNL Put up for hearing on November 17 ordered the bench which also comprised Justices U U Lalit D Y Chandrachud B R Gavai and Surya Kant The top court also ordered deletion of Consumer Education and Research Society and one Sunil B Oza as parties to the litigation after Attorney General K K Venugopal appearing for the state company submitted so In a significant development on September 17 the bench decided to hear in an open court the GUVNLs curative petition which as per industry estimates has to pay nearly Rs 1100 crore compensation to Adani Power We have gone through the curative petition and the relevant documents In our prima facie opinion there are substantial questions of law raised in this curative petition which require consideration the bench had ordered while listing the plea for hearing on September 30 A three-judge bench in July 2019 had held that the notice of termination of a Power Purchase Agreement or PPA by the Adani Power to GUVNL in 2009 was legal and valid It had ordered the Central Electricity Regulatory Commission CERC to determine compensatory tariff for the power supplied by Adani Power to the state PSU The verdict had said that the court should give effect to the plain literal and grammatical meaning of the clauses used in a contract Adani Power Mundra Ltd had signed a PPA with GUVNL in 2007 to supply 1000 MW power from its project located in Korba Chhattisgarh Adani terminated the pact citing non-coal supply by Gujarat Mineral Development Corporation claiming that the supply of electricity was conditional to coal supply The PPA termination notice was challenged by the GUVNL before the Gujarat Electricity Regulatory Commission which had held the termination as illegal The top court had however reversed the findings PTI SJK MNL SA
New Delhi Sep 30 PTI The Supreme Court Thursday asked Adani Power Mundra Ltd to respond within three weeks to a curative plea of Gujarat Urja Vikas Nigam Ltd GUVNL challenging the apex courts 2019 verdict which had upheld the private firms termination of a pact with the state PSU A five-judge Constitution bench headed by Chief Justice N V Ramana conducted a rare open court hearing of a curative plea in a commercial dispute and took note of the submissions of senior advocates Harish Salve and Mukul Rohatgi appearing for Adani Power that some time may be granted for filing the response to the GUVNL The respondent Adani power sought time to file a reply to the petition Three weeks time has been given for filing the reply and two weeks thereafter for filing the rejoinder by GUVNL Put up for hearing on November 17 ordered the bench which also comprised Justices U U Lalit D Y Chandrachud B R Gavai and Surya Kant The top court also ordered deletion of Consumer Education and Research Society and one Sunil B Oza as parties to the litigation after Attorney General K K Venugopal appearing for the state company submitted so In a significant development on September 17 the bench decided to hear in an open court the GUVNLs curative petition which as per industry estimates has to pay nearly Rs 1100 crore compensation to Adani Power We have gone through the curative petition and the relevant documents In our prima facie opinion there are substantial questions of law raised in this curative petition which require consideration the bench had ordered while listing the plea for hearing on September 30 A three-judge bench in July 2019 had held that the notice of termination of a Power Purchase Agreement or PPA by the Adani Power to GUVNL in 2009 was legal and valid It had ordered the Central Electricity Regulatory Commission CERC to determine compensatory tariff for the power supplied by Adani Power to the state PSU The verdict had said that the court should give effect to the plain literal and grammatical meaning of the clauses used in a contract Adani Power Mundra Ltd had signed a PPA with GUVNL in 2007 to supply 1000 MW power from its project located in Korba Chhattisgarh Adani terminated the pact citing non-coal supply by Gujarat Mineral Development Corporation claiming that the supply of electricity was conditional to coal supply The PPA termination notice was challenged by the GUVNL before the Gujarat Electricity Regulatory Commission which had held the termination as illegal The top court had however reversed the findings PTI SJK MNL SA