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2024 Supreme(Online)(SC) 479

SUPREME COURT OF INDIA
JAIPUR VIDYUT VITRAN NIGAM LTD. – Appellant
Versus
ADANI POWER RAJASTHAN LTD. – Respondent


JUDGEMENT

ANIRUDDHA BOSE, J. The applicant, Adani Power Rajasthan Limited (APRL), is a generating company as per Section 2(28) of the Electricity Act, 2003 (“2003 Act”). It operates a thermal power plant in the State of Rajasthan. There were three appellants (1 to 3) in the main set of appeals, in connection with which the present application has been taken out, being the distribution licensees of the State of Rajasthan as per the provisions of the 2003 Act. They shall, henceforth in this judgment, be collectively referred to as “Rajasthan Discoms”.

Rajasthan Urja Vikas Nigam Limited was the 4th appellant in the main set of appeals. It appears to have been formed by the Digitally signed by SNEHA DAS Date: 2024.03.18 17:06:56 IST Reason:

    Signature Not Verified Government of Rajasthan for the purpose of coordination among the aforesaid three Discoms, as also other distribution licensees of the State.

2. Through this miscellaneous application, the applicant seeks a direction upon the Rajasthan Discoms for making payment of Rs.1376.35 crore towards Late Payment Surcharge (“LPS”). This claim has been raised by the applicant citing Article 8.3.5 of the Power Purchase Agreement











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