Supreme Court - Daily Orders
Energy Watchdog vs Central Electricity Regulatory ... on 29 October, 2018
Bench: Rohinton Fali Nariman, Navin Sinha
MA 2705-06/2018
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. Nos.2705-2706 of 2018
In
Civil Appeal Nos.5399-5400 of 2016
Energy Watchdog Appellant(s)
Versus
Central Electricity Regulatory Commission Respondent(s)
and Others
O R D E R
Having heard learned counsel for the parties, including the learned Attorney General appearing for the State of Gujarat, we allow the application for impleadment of the State of Gujarat. We are of the view that, having perused the High Power Committee’s report, which was given after our judgment dated 11th April, 2017, it will be open to the applicants to approach the Central Electricity Regulatory Commission (C.E.R.C.) for approval of the proposed amendments to be made to the Power Purchase Agreements (PPAs) in question.
Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2018.10.31
We make it clear that our judgment will not stand in 16:43:04 IST Reason: the way of maintaining such applications. We also make it clear that each of the consumer groups, who had appeared MA 2705-06/2018 2 before us and who have appeared before us today, will be heard on all objections that they may make to the proposed amendments to the PPA, after which, it will be open to the C.E.R.C. to decide the matter in accordance with law. Given the conclusions in the High Power Committee report, we are of the view that the C.E.R.C. should decide this matter as expeditiously as possible, and definitely within a period of eight weeks from today.
The miscellaneous applications are disposed of accordingly.
Pending applications, if any, stand disposed of.
.....................J. [Rohinton Fali Nariman] ....................J. [Navin Sinha] New Delhi October 29, 2018.
MA 2705-06/2018
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ITEM NO.52+54 COURT NO.8 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
M.A. Nos.2705-2706/2018 in Civil Appeal Nos.5399-5400/2016 ENERGY WATCHDOG Petitioner(s) VERSUS CENTRAL ELECTRICITY REGULATORY COMMISSION & ORS. Respondent(s) (With appln.(s) for permission to file impleadment and directions and clarifications) WITH Contempt Petition (Civil) Diary No.39296/2018 (With appln.(s) for permission to file conempt petition) Date : 29-10-2018 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. K.K. Venugopal, AG Mr. Mukul Rohatgi, Sr. Adv. Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Ms. Vishakha, Adv.
D.No.39296/2018 Mr. V. Shekhar, Sr. Adv.
Mr. Pankaj Sharma, Adv. Mr. Shobhit Gaur, Adv.
Mr. Prithviraj Singh, Adv. Mr. Sashank Shekhar, Adv. Mr. Manjeet Kirpal, AOR For Respondent(s) Dr. A.M. Singhvi, Sr. Adv.
Mr. Amit Kapur, Adv.
Mr. Abhishek Munot, Adv. Mr. Kunal Kaul, Adv.
Mr. Pukhrambam Ramesh Kumar, AOR Mr. K. Amrit Kumar Sharma, Adv. MA 2705-06/2018 4 Mr. Nikhil Nayyar, AOR Mr. N. Sai Vinod, Adv.
Mr. Dhananjay Baijal, Adv. Mr. Divyanshu Rai, Adv. Mr. Naveen Hegde, Adv.
Mr. G. Umapathy, Adv.
Mr. Rakesh K. Sharma, Adv. Mr. Aditya Singh, Adv.
Ms. Ashwati Balraj, Adv. Mrs. Manik karanjawala, Adv. M/s. Karanjawala & Co.
Mr. V. Giri, Sr. Adv.
Mr. K.V. Mohan, Adv.
Mr. Anand K. Ganesan, Adv. Mr. Nikunj Dayal, Adv.
Mr. Pramod Dayal, Adv.
Mr. Payal Dayal, Adv.
Mr. K.V. Vishwanathan, Sr. Adv. Mr. Mahesh Agarwal, Adv. Ms. Neeha Nagpal, Adv.
Ms. Poonam Verma, Adv.
Mr. Malav Deliwala, Adv. Mr. Abiha Zaidi, Adv.
Mr. E.C. Agrawala, Adv.
Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Ms. Sheena Taqui, Adv.
Ms. Mansi Kapur, Adv.
UPON hearing the counsel the Court made the following O R D E R M.A. Nos.2705-2706/2018 in Civil Appeal Nos.5399-5400/2016 The miscellaneous applications are allowed in terms of the signed order.
Pending applications, if any, stand disposed of. MA 2705-06/2018 5 Contempt Petition (C) Diary No.39296 of 2018 In Civil Appeal Nos.5399-5400 of 2016 In view of the order passed in M.A. Nos.2705-2706 of 2018, permission to file contempt petition is rejected.
(Chetan Kumar) (Tapan Kumar Chakraborty) A.R.-cum-P.S. Court Master (Signed order is placed on the file)