Bombay High Court
Gmr Warora Energy Ltd vs Union Territory Of Dadra And Nagar ... on 25 February, 2021
Author: Vinay Joshi
Bench: S.J. Kathawalla, Vinay Joshi
Digitally 6-WPL 3083-21.doc
signed by
Vinayak Vinayak
Halemath
P.
P.
Halemath Date:
2021.02.26
17:19:33
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (ST) NO.3083 OF 2021
GMR Warora Energy Ltd. ... Petitioner
Vs.
Union Territory of Dadra & Nagar Haveli
& Daman & Diu & Ors. ... Respondents
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Mr. Kevic Setalwad, Senior Advocate alongwith Mr. Yohaann L., Mr. Yashasvi
Kant & Mr. Jash Shah i/by J. Sagar Associates for the Petitioner.
Mr.H.S. Venegaonkar for Union of India.
Mr.D.D. Madon, Senior Advocate alongwith Ms. Deepa Chawan, Ms. Jyoti
Sinha, Mr. Haabil Vahanvaty & Mr. Harsh Salgia i/by Khaitan & Co. for Torrent
Power Limited.
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CORAM : S.J. KATHAWALLA &
VINAY JOSHI, JJ.
DATE : 25TH FEBRUARY, 2021 P.C. :
1. By the above Writ Petition, the Petitioner seeks the following reliefs :-
"(a) Hold and declare that the Proposed Transfer, i.e the Notice Inviting Bid dated 07.12.2020, Request for Proposal dated 08.12.2020 and the Draft Dadra and Nagar Haveli and Daman and Diu Electricity (Reorganisation and Reforms) Transfer Scheme, 2020 along with Information Memorandum and Details of Mugdha Page 1 of 3 6-WPL 3083-21.doc Contingent Liability of Respondent No.2 (Exhibit "A") are unreasonable, unjustifed, arbitrary and violative of Articles 14 and 300A of the Constitution of India and Electricity Act.
(b) Issue a writ of Mandamus or any other appropriate writ or order or direction quashing the proposed Transfer, i.e the Notice Inviting Bid dated 07.12.2020, Request for Proposal dated 08.12.2020 and the Transfer Scheme along with Information Memorandum and Details of Contingent Liability of Respondent No.2 framed by Respondent No.1 (Exhibit "A").
(c) Issue a writ of Mandamus or any other appropriate writ or order or direction restraining servants, agents, ofcers and subordinates acting through the said Respondents from in any manner acting in furtherance or pursuance of the Proposed Transfer, i.e the Notice Inviting Bid dated 07.12.2020, Request for Proposal dated 08.12.2020 and the Transfer Scheme along with Information Memorandum and Details of Contingent Liability of Respondent No.2 framed by Respondent No.1 (Exhibit "A")."
2. We are informed by the learned advocate for Respondent Nos. 1 and 2 that in Public Interest Litigation being (Stamp) No.1355 of 2021, the Petitioner/s therein have sought reliefs which are almost identical to the reliefs Mugdha Page 2 of 3 6-WPL 3083-21.doc sought in the above Writ Petition. The said Public Interest Petition was today called out before the bench headed by the Hon'ble Chief Justice, when no ad- interim/interim relief was granted and the matter is adjourned to 3 rd March, 2021. In view thereof, to avoid passing of any conficting orders, Registry to place the above matter before the Division Bench headed by the Hon'ble Chief Justice, on 3rd March, 2021, after seeking permission of the Hon'ble Chief Justice in this regard.
(VINAY JOSHI, J.) (S.J. KATHAWALLA, J.)
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