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VINEET SARAN, ANIRUDDHA BOSE
Adani Power Rajasthan Limited – Appellant
Versus
Shri Subodh Agarwal – Respondent
ORDER
1. This Contempt Petition has been filed by Adani Power Rajasthan Limited alleging non-compliance of judgment of this Court dated 31.08.2020, against which the Review Petition No.1811-1812 of 2020 has also been dismissed on 02.03.2021.
2. In short, the dispute in the Civil Appeal was with regard to the certain additional payments which the petitioner claims that it was entitled to because of change in law. Very briefly stated, the facts are that the petitioner was to supply electricity to the respondent-Discoms, which was to be generated by the petitioner- company, for which, as per the agreement, the respondents was to supply domestic coal (linkage coal). However, undisputedly, the domestic coal was not provided to the petitioner. Since the petitioner- company was, as per the agreement, required to supply uninterrupted power, it had to purchase imported coal (linkage coal) at a much higher cost. A claim for loss due to non supply of domestic coal because of which petitioner had to purchase imported coal was raised by the petitioner before the Rajasthan Electricity Regulatory Commission (for short 'RERC'), which vide its Order dated 17.05.2018 held that the petitioner would be
The main legal point established in the judgment is the court's affirmation of the relief in favor of the petitioner regarding the change in law, the calculation of the amount due, and the liability ....
Normally, costs must go with succeeding party in case of a contractual dispute.
The term “Law” in the PPAs would include all applicable rules, regulations, orders, Notifications issued by an Indian Governmental Instrumentality and shall also include all rules, regulations, decis....
The Notification imposing Evacuation Facility Charges constitutes a change in law, entitling the affected party to compensation from that date.
Companies or juristic entities cannot be punished for contempt; specific individuals must be named for compliance responsibilities.
Expert bodies' decisions should not be interfered with unless they violate statutory provisions or are arbitrary.
(1) Condition precedent for entertaining appeal under Section 125 of Electricity Act, 2003 is existence of a substantial question – A question of law which arises incidentally or collaterally and has....
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