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Bangalore Electricity Supply Company ... vs Udupi Power Corporation Ltd on 8 February, 2022

Bench: Chief Justice, A.S. Bopanna, Hima Kohli

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                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL APPELLATE JURISDICTION

                                             Civil Appeal           No.32/2021


     BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED                                        Appellant(s)

                                                            VERSUS

     UDUPI POWER CORPORATION LTD & ORS.                                                  Respondent(s)

                                                           WITH

     C.A. No. 838/2021, C.A. No. 842/2021, C.A. Nos.927­928/2021                                        & C.A.
     Nos.1003­1004/2021

                                                       O R D E R

Heard Mr. C. A. Sundaram, learned senior counsel, on behalf of the appellants and Mr. Mukul Rohatgi, learned senior counsel, on behalf of the respondent no. 1-caveator.

Having heard learned senior counsel appearing for the parties, and on carefully perusing the material available on record, we are of the considered opinion that no substantial question of law or fact is raised in the present appeals, which merit consideration by this Court. We see no reason to interfere with the impugned judgment passed by the Appellate Tribunal of Electricity, New Delhi.

At this juncture, Mr. K.M. Nataraj, learned Additional Solicitor General appearing on behalf of the appellant in Civil Appeal No. 32 of 2021, specifically mentioned that all dues had already been paid by the appellant to respondent no. 2, and the Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2022.02.19 12:37:37 IST appellant therefore wished to proceed against respondent no. 2. The Reason:

appellant is at liberty to do so, if permitted by law. The contentions of the parties are left open in that regard.

With the above observation, Civil Appeal No. 32 of 2021 is disposed of while the other Civil Appeals are dismissed.

The applications for directions filed by respondent no. 1 in all the appeals are rejected.

All pending applications filed in the matters also stand disposed of.

..................CJI (N.V. RAMANA) ....................J (A.S. BOPANNA) .....................J (HIMA KOHLI) NEW DELHI;

8TH FEBRUARY, 2022.

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ITEM NO.2       Court 1 (Video Conferencing)               SECTION XVII

                 S U P R E M E C O U R T O F          I N D I A
                         RECORD OF PROCEEDINGS

                        Civil Appeal     No.32/2021

BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED              Appellant(s)
                                VERSUS
UDUPI POWER CORPORATION LTD & ORS.                        Respondent(s)

(IA No.1970/2021­EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1968/2021­STAY APPLICATION) WITH C.A. No. 838/2021 (XVII) (FOR ADMISSION and IA No.36364/2021­STAY APPLICATION and IA No.36363/2021­PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) C.A. No. 842/2021 (XVII) (FOR ADMISSION and IA No.36673/2021­STAY APPLICATION and IA No.36672/2021­PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) C.A. No. 927­928/2021 (XVII) (IA No.40527/2021­EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.40526/2021­STAY APPLICATION) C.A. No. 1003­1004/2021 (XVII) (IA No.42527/2021­EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.42525/2021­STAY APPLICATION) Date : 08­02­2022 These appeals were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Mr. Shyam Divan, Sr.Adv.

Mr. M.G. Ramachandran, Sr.Adv. Mr. Arunav Patnaik, Adv. Ms. Bhabna Das, Adv.

Mr. Sudipto Sircar, Adv.

Mr. Arunav Patnaik, Adv. Ms. Bhabna Das, AOR Mr. Sudipto Sircar, Adv.

Mr. Shubhranshu Padhi, AOR Mr. Ashish Yadav, Adv.

Mr. Rakshit Jain, Adv.

Mr. Vishal Banshal, Adv.

Mr. K.M. Nataraj, ASG Mr. S. Sriranga, Sr. Adv. Ms. Sumana Nagananad, Adv. Ms. Medha, Adv.

Mr. Balaji Srinivasan, AOR Mrs. Lakshmi Rao, Adv.

Mr. Prateek Yadav, Adv. For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Amit Kapur, Adv.

Ms. Poonam Verma, Adv.

Mr. Arshit Anand, Adv.

Mr. M.S. Ananth, Adv.

Mr. Saunak Kumar Rajguru, Adv. Ms. Aparajita, Adv.

Mr. E. C. Agrawala, AOR UPON hearing the counsel the Court made the following O R D E R For the reasons stated in the signed order, Civil Appeal No. 32 of 2021 is disposed of while the other Civil Appeals are dismissed.

The applications for directions filed by respondent no. 1 in all the appeals are rejected.

All pending applications filed in the matters also stand disposed of.

(VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRAR­cum­PS COURT MASTER (NSH) (Signed order is placed on the file)