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Supreme Court - Daily Orders

Maharashtra State Electricity ... vs Ratnagiri Gas And Power Private Limited on 6 February, 2023

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

     CA D.1675/2023
                                           1


     ITEM NO.22                    COURT NO.1                 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 Diary No.1675/2023

     (Arising out of impugned final judgment and order dated 22-04-2015
     in AN No.261/2013 passed by the Appellate Tribunal for Electricity
     at New Delhi)


     MAHARASHTRA STATE ELECTRICITY DISTRIBUTION                   Petitioner(s)
     COMPANY LIMITED

                                          VERSUS

     RATNAGIRI GAS AND POWER PRIVATE LIMITED & ORS.               Respondent(s)

     (With IA No.12180/2023 - CONDONATION OF DELAY IN FILING, IA No.
     12183/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and
     IA No.12185/2023 - STAY APPLICATION)


     Date : 06-02-2023 These matters were called on for hearing today.


     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
                         HON'BLE MR. JUSTICE J.B. PARDIWALA


     For Petitioner(s)       Mr. Vikas Singh, Sr. Adv.
                             Mr. Samir Malik, Adv.
                             Ms. Nikita Choukse, Adv.
                             Mr. Akash Lamba, Adv.
                             Ms. Ekssha, Adv.
                             M/s. D.S.K. Legal

     For Respondent(s)       Mr. Aryaman Sundaram, Sr. Adv.
Signature Not Verified
                             Mr. Seapna Sheshadhari, Adv.
Digitally signed by          Mr. Anand K Ganesan, Adv.
CHETAN KUMAR
Date: 2023.02.07
16:58:34 IST
Reason:
CA D.1675/2023
                                              2


                           Ms. Ritu Apurva, Adv.
                           Ms. Archita Kashyap, Adv.
                           Mr. Nitin Saluja, AOR


             UPON hearing the counsel the Court made the following
                                 O R D E R

1 By an order dated 13 May 2015, this Court had, while declining to entertain the appeal at this stage, observed that it granted liberty to the appellant to move this Court once again in the event it becomes so necessary. Subsequently, the first respondent instituted an execution proceedings being DFR No 510 of 2022 (re-numbered as EP No 18 of 2022) before the Appellate Tribunal for Electricity seeking the payment of Rs 5287.76 crores together with an amount of Rs 1826 crores.

2 In view of the above circumstances and in terms of the liberty which was granted in the order dated 13 May 2015, the delay is condoned.

3 Issued notice, returnable in six weeks.

4 Counter affidavit shall be filed within a period of three weeks. Rejoinder affidavit, if any, be filed within a period of three weeks thereafter.

5 List the Civil Appeal on a non-miscellaneous day on 21 March 2023 6 Pending further orders, no coercive steps shall be taken against the petitioners in the execution proceedings.

                 (CHETAN KUMAR)                              (SAROJ KUMARI GAUR)
                  A.R.-cum-P.S.                              Assistant Registrar