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Union Of India vs Alstom India Ltd on 8 October, 2014

Bench: Dipak Misra, Rohinton Fali Nariman

                                                                1

                                               IN THE SUPREME COURT OF INDIA

                                                 CIVIL ORIGINAL JURISDICTION


                                        TRANSFER PETITION (CIVIL) NO.1366 OF 2014


                         Union of India & Ors.                                             Appellant(s)

                                                 Versus

                         GMR Vemagiri Power Generation                                     Respondent(s)
                         Ltd. & Another

                                                                    WITH

                           T.P.(C) NOS.1367, 1368, 1373, 1374, 1375 & 1376 OF 2014


                                                            O R D E R

Issue notice.

As the learned counsel has entered appearance on behalf of the respondents, namely, GMR Power Corporation Ltd., GMR Vemagiri Power Generation Ltd. and GMR Rajahmundry Energy Ltd., who have filed W.P.(C) No.2470/2012 (DB), W.P. (C) No.8461/2011 (SJ) and W.P.(C) No.8925/2011 (SJ), before the High Court of Delhi, no further notice need be issued.

The writ petitions pending before the High Court are transferred to this Court and they be numbered accordingly.

As far as the respondents, namely, Reliance Infrastructure Ltd., Rosa Power Supply Co. Ltd. and Alstom Signature Not Verified Digitally signed by India Ltd., which have filed W.P.(C) No.2908/13, W.P.(C) Chetan Kumar Date: 2014.10.13 18:30:35 IST Reason: No.3275/13 & W.P.(C) No.3277/13, before the High Court of Delhi and S.C.A. No.5052/2014 before the Gujarat High Court,  2 they have been represented by Mr. Sujit Ghosh. Hence, no further notice need be issued. The said writ petitions and the special civil application are transferred to this Court and be numbered accordingly.

The transfer petitions are allowed in the above terms.

Liberty is granted to the counsel for the respondents to file paper books.

......................J. (Dipak Misra) ......................J. (Rohinton Fali Nariman) New Delhi;

October 08, 2014.

ITEM NO.62                 COURT NO.7                 SECTION III

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

Petition(s) for Special Leave to Appeal (C)      No.15937/2014

(Arising out of impugned final judgment and order dated 13/02/2014 in SCA No. 11031/2013 passed by the High Court Of Gujarat At Ahmedabad) UNION OF INDIA AND ANR Petitioner(s) VERSUS ALSTOM INDIA LTD Respondent(s) (With appln.(s) for permission to file additional documents and permission to file lengthy list of dates and office report) WITH T.P.(C) No. 1363-1377/2014 (With appln.(s) for permission to file lengthy list of dates and appln.(s) for ex-parte stay and ) S.L.P.(C) No.14713/2014 (With appln.(s) for permission to file additional documents and appln.(s) for permission to file synopsis and list of dates and interim relief) Date: 08/10/2014 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Ranjit Kumar, S.G. Mr. P.S. Narasimha, ASG Mr. Rupesh Kumar, Adv.

Mr. Vijay Prakash, Adv.

Mr. R.K. Verma, Adv.

Mr. B. Krishna Prasad, AOR For Respondent(s) Mr. Sujit Ghosh, Adv.

Ms. Kanupriya Bhargava, Adv. Mr. Krishna Rao, Adv.

Mr. Nikhil Nayyar, AOR Ms. Parul Shukla, Adv.

Mr. Mahesh Agarwal, Adv.

Mr. Rishi Agrawala, Adv.

Mr. E.C. Agrawala, Adv.

UPON hearing the counsel the Court made the following O R D E R T.P.(C) Nos.1363-1377 of 2014 Issue notice.

As the learned counsel has entered appearance on behalf of the respondents, namely, GMR Power Corporation Ltd., GMR Vemagiri Power Generation Ltd. and GMR Rajahmundry Energy Ltd., who have filed W.P.(C) No.2470/2012 (DB), W.P. (C) No.8461/2011 (SJ) and W.P.(C) No.8925/2011 (SJ), before the High Court of Delhi, no further notice need be issued.

The writ petitions pending before the High Court are transferred to this Court and they be numbered accordingly.

As far as the respondents, namely, Reliance Infrastructure Ltd., Rosa Power Supply Co. Ltd. and Alstom India Ltd., which have filed W.P.(C) No.2908/13, W.P.(C) No.3275/13 & W.P.(C) No.3277/13, before the High Court of Delhi and S.C.A. No.5052/2014 before the Gujarat High Court, they have been represented by Mr. Sujit Ghosh. Hence, no further notice need be issued. The said writ petitions and the special civil application are transferred to this Court and be numbered accordingly.

As far as the other respondents, namely, K.S.K. Energy Ventures Ltd., S.V. Power (P) Ltd., Luna Infrastructure Prop. (P) Ltd., Kasargod Power Corporation Ltd. and Promac Engineering Indus Ltd., who have preferred W.P.(C) No.8032/2011, W.P.(C) No.8033/2011, W.P.(C) No.7457/2011, W.P.(C) No.7320/2012, W.P.(C) No.4412/2012, W.P.(C) No.6107/2012, W.P.(C) No.5588/2012, before the High Court of Delhi and W.P.(C) No.56656/2013 before the Karnataka High Court, notice be issued, returnable within four weeks.

Liberty is granted to the counsel for the respondents to file paper books.

List the transfer petitions on 2nd December, 2014, along with the special leave petitions.

     (Chetan Kumar)                    (Suneet Mahajan)
      Court Master                       Court Master

(Signed order is placed on the file)