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2022 Supreme(SC) 846

N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
Uttar Haryana Bijli Vitran Nigam Limited – Appellant
Versus
Adani Power (Mundra) Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M.G. Ramachandran, Sr. Adv. Mr. Shubham Arya, Adv. Mr. Nikunj Dayal, AOR Ms. Poorva Saigal, Adv. Mr. Ravi Nair, Adv. Ms. Srishti Khindaria, Adv. Ms. Reeha Singh, Adv.
For the Respondent(s): Mr. E. C. Agrawala, AOR

JUDGMENT :

HIMA KOHLI, J.

1. The appellants are aggrieved by the judgment and order dated 12th August, 2021, passed by the Appellate Tribunal for Electricity, New Delhi1 [in short ‘Appellate Tribunal’] allowing the appeal filed by the respondent No. 1-Adani Power (Mundra) Limited2 [in short ‘Adani Power’] against the order dated 28th March, 2018 (in Petition No. 104/MP/2017) and order dated 06th June, 2019 (in Petition No. 214/MP/2018) passed by the Central Electricity Regulatory Commission3 [in short ‘Central Commission’].

2. It may be stated at the outset that the scope of the present appeal is restricted to the decision of the Appellate Tribunal of granting carrying cost interest on compounding basis in favour of the respondent No. 1-Adani Power from the date on which the Change in Law event took place i.e. 29th January, 2014, till the date of actual payment of the amount determined by the Central Commission. Stated differently, while the appellants are not disputing grant of interest to the respondent No. 1-Adani Power by way of carrying cost from the date on which the Change of Law event took place till the actual payment of the amount determined by the Central Commission, their


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