Supreme Court grants Three week time to Adani Power to reply to Curative Petition

The Supreme Court granted three weeks time to Adani Power Ltd, to file a response to the curative petition filed by the Gujarat Urja Vikas Nigam as against the Judgement of 2019.

The Curative Petition was heard by a five Judge Bench presided over by the Chief Justice of India N V Ramana against a 2019 Judgement that allowed Adani Power Ltd. To terminate its agreement with Gujarat Urja Vikas Nigam Ltd. (GUVNL)

In July 2019, a three – Judge Bench stated that since Adani Could not get timely coal supply from the Naini Block of Gujarat Mineral Development Corporation (GMDC), it could justifiably terminate its Power Purchase Agreement (PPA) with GUVNL. The Court considered the termination to be legal and valid and thereby allowed a compensatory rate to be given to Adani Power for the electricity that was supplied by it to Gujarat from its Chhattisgarh Power Plant in Korba.

GUVNL had filed a review petition before the same Bench whereby they upheld the Order passed by them.

Curative Petition, being the last resort to request the Apex Court to reconsider its Judgement, was filed by the GUVNL. On the 16th September, The Supreme Court said that there are substantial questions of law which need to be considered and issued a Notice to Adani Power, in the light of examining the curative petition and listed the Petition to be heard today, on the 30th September.

Senior Advocate Harish Salve along with Senior Advocate Mukul Rohatgi appeared for Adani power Ltd. And requested for a grant of three weeks time to file a reply to the Curative Petition, so granted by the Apex Court.  The Court also stated that GUVNL could take an additional two weeks time to file its rejoinder. Thereafter.

The matter has been fixed to be heard on the 17th November 2021.

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