Adani Power gets time to reply on plea on 2019 verdict

SC gives 3 weeks time to Adani Power to file reply on curative petition against 2019 judgement

The court fixed the matter for further hearing on November 17

Credit: PTI Photo

The Supreme Court on Thursday granted three weeks time to Adani Power Ltd to file its response to a curative petition against the 2019 judgement allowing the company to terminate the power purchase agreement with Gujarat Urja Vikas Nigam Ltd (GUVNL).

A five-judge bench, presided over by Chief Justice N V Ramana, gave two weeks thereafter to the GUVNL to file its rejoinder in the matter.

Senior advocates Harish Salve and Mukul Rohatgi, appearing for Adani Power, submitted that they need time to file their reply as well as some documents in the matter.

Attorney General K K Venugopal and senior advocate C A Sundaram, representing the GUVNL, said they would then like to put their rejoinder. 

The court fixed the matter for further hearing on November 17.

In its July 2019 judgment, a three-judge bench comprising Justices Arun Mishra (since retired) B R Gavai and Surya Kant said that Adani Power was justified in terminating the PPA since it could not get coal supply on time from the Naini block of Gujarat Mineral Development Corporation (GMDC).

The court had then allowed Adani to seek a compensatory rate for the electricity it had alternatively supplied to Gujarat from its Korba power project in Chhattisgarh. 

On September 16, the top court decided to examine the curative petition against the judgement, saying there are substantial questions of law which required consideration. It had then issued notice to the Adani Power in the matter.

Curative petition is the last legal resort for a party to ask the top court to reconsider its judgement after the dismissal of review petition.

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