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2019 Supreme(SC) 1992

RANJAN GOGOI, SANJIV KHANNA
Gujarat Urja Vikas Nigam Limited – Appellant
Versus
Renew Wind Energy (rajkot) Pvt. Ltd. – Respondent


Advocates Appeared:
C.A. Sundaram, Adv., M.G. Ramachandran, Adv., Hemantika Wahi, Adv., Jesal Wahi, Adv., Ranjeeta Ramachandran, Adv., Vishakha, Adv., K.V. Vishwanathan, Adv., Vishal Gupta, Adv., Shyam Divan, Adv., Govind Manoharan, Adv., Venkatesh, Adv., Sandeep Rajpurohit, Adv., Vikas Mani, Adv., Somesh Srivastava, Adv., Mohit D Ram, Adv.

ORDER

1. Heard learned counsel for the appellants and perused the relevant material.

2. It is contended by the learned counsel for the appellants that an issue had been raised before the Appellate Tribunal for Electricity (APTEL) that the State Regulatory Commission was not competent to reopen the PPA. In this regard, averments made before the APTEL in the memo of appeal has been read out to us. Without expressing any opinion on the question as to whether the issue had been raised before the APTEL and if so the merits thereof, we permit the appellants to move the APTEL for rectification/ review of the order, if so advised.

3. With the above terms, we dispose of the civil appeal by making it once again clear that we have not made any observation on the merits of the case between the parties. In the event, it becomes necessary, leave is granted to the appellants to approach this Court once again.

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