Supreme Court Dismisses Miscellaneous Application, Imposes Costs on Adani Power
On Monday, the Supreme Court rejected a Miscellaneous Application filed by Adani Power Ltd, which sought payment of Rs. 1376.35 crores from Jaipur Vidyut Vitran Nigam Limited (JVVNL) as outstanding Late Payment Surcharge (LPS). This decision came after the Court modified a judgment from 2020.
Justices Aniruddha Bose and Sanjay Kumar, comprising the Bench, ruled that the miscellaneous application was not the appropriate legal avenue for Adani Power to claim the LPS. Justice Aniruddha Bose stated that such relief couldn’t be sought through a miscellaneous application, which was initially described as an application for clarification during the hearing.
The Court clarified that its previous order dated December 14, 2022, directing JVVNL to pay LPS to Adani Power, would not have binding effect since it was made at the prima facie stage and not during the hearing. The Court noted that the issue of maintainability of the present application wasn’t addressed in the earlier order.
Consequently, the application was dismissed, and Adani Power was directed to pay a cost of Rs. 50,000/-, to be deposited with the Supreme Court Legal Aid Committee.
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