Delhi High Court - Orders
Arina Solar Private Limited vs Central Electricity Regulatory ... on 14 September, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13183/2022 & CM APPL. 39920/2022(Stay), CM APPL.
39922/2022(Lengthy Synopsis & List Of Dates)
ARINA SOLAR PRIVATE LIMITED ..... Petitioner
Through: Mr. Vishrov Mukherjee,Mr. Girik
Bhalla and Mr. Raghav Malhotra,
Advs.
versus
CENTRAL ELECTRICITY REGULATORY COMMISSION &
ORS. ..... Respondents
Through: Ms. Tanya Sareen and Ms. Surbhi
Kapoor, Advs. for SECI/R-2.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 14.09.2022 CM APPL. 39921/2022 (for exemption) Allowed, subject to all just exceptions.
The application shall stand disposed of.
W.P.(C) 13183/2022 & CM APPL. 39920/2022(Stay), CM APPL. 39922/2022 (Lengthy Synopsis & List of Dates) This writ petition had been preferred challenging the orders dated 06 September 2022 passed by the Central Electricity Regulatory Commission ["Commission"]. The petitioner had also sought an order restraining the respondents from encashing a Bank Guarantee which had been submitted during the pendency of the litigation before the Commission. The petitioner was constrained to approach this Court faced with a situation where the Appellate Tribunal for Electricity ["APTEL"] at that time was not holding Signature Not Verified Digitally Signed By:NEHA Signing Date:14.09.2022 17:59:12 sittings. Taking note of the aforesaid apprehension, a learned Judge of the Court on 09 September 2022 passed the following order: -
"1. This petition under Article 226 of the Constitution of India seeks an order restraining Solar Energy Corporation of India (SECI) from invoking/encashing the performance security submitted by the petitioner Arina Solar Private Limited, in the form of bank guarantee for an amount of ₹ 50 crores, consequent on order dated 6th September 2022 passed by the learned Central Electricity Regulatory Commission ("the learned CERC").
2. Mr. Maninder Singh, learned Senior Counsel for the petitioner, submits that the petitioner is in the process of preparing an appeal to be filed before the learned Appellate Tribunal for Electricity ("the learned APTEL") and prays that till the appeal is taken up by the learned APTEL (which is presently not sitting at least till 13th September 2022), the respondents be restrained from invoking the aforesaid bank guarantee. He has invited my attention, in this context, to para 8 of the order dated 6th September 2022 passed by the learned CERC, which records the submission of SECI that it would not invoke/encash the aforesaid bank guarantee for ₹ 50 crores pending final disposal of the petition, subject to the bank guarantee being kept alive.
3. Mr. Maninder Singh submits that the bank guarantee will be kept alive by his client till the learned APTEL takes a view on the petitioner‟s appeal/stay application.
4. In view of the fact that the petitioner apprehends immediate invocation/encashment of the bank guarantee, and as Hon‟ble Mr. Justice Yashwant Varma, who has to deal with this matter as per the roster is in a Division Bench sitting with the Hon‟ble Chief Justice yesterday and today, the matter was mentioned and has been listed before me.
5. In order to enable the Court to peruse the file, renotify for preliminary hearing on 14th September 2022 before the appropriate Bench as per roster. Till then, the restraint against invocation of the aforesaid bank guarantee for ₹ 50 crores would continue to be in operation.
6. It is made clear that the aforesaid continuation of the restraint is not to be treated as an expression of opinion on the prima facie merit of the petitioner‟s case, as the Court has not had an opportunity to study the file or hear arguments in detail. It is merely intended to equitably protect the interests of both sides.
7. Copy of this order be given dasti to learned Counsel for the petitioner under the signature of Court Master."Signature Not Verified Digitally Signed By:NEHA Signing Date:14.09.2022 17:59:12
Learned counsel for the petitioner today apprises the Court that APTEL has since been constituted and is regularly taking up matters. He submits that the petitioner proposes to mention the matter before APTEL tomorrow itself for urgent consideration of the stay application which has been moved in the pending appeal. Learned counsel accordingly prays for the interim protection which was granted on 09 September 2022 to be continued till such time as the petitioners are able to approach APTEL for appropriate reliefs.
In view of the aforesaid, this writ petition, along with pending applications, shall stand disposed of with the observation that the order of 09 September 2022, that is operating till today shall continue till 19 September 2022. The Court leaves it open to the petitioner to mention the matter before APTEL for expeditious consideration of the stay application which has been moved in the pending appeal.
Though needless to clarify, it is further observed that since the order of 09 September 2022 was made in the exigencies of the situation noticed by the learned Judge in that order, it shall be open to APTEL to consider and dispose of the stay application on its own merits and uninfluenced by the interim protection accorded by this Court.
Order dasti under the signatures of the Court Master.
YASHWANT VARMA, J.
SEPTEMBER 14, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:14.09.2022 17:59:12