The Jaipur Vidyut Vitran Nigam Limited has addressed a letter to the Secretary General of the Supreme Court registry raising an issue with alleged improper listing of an application by Adani Power despite a final judgment in the case.
The letter sent through M/s Chambers of Kartik Seth, on the instructions of Senior Advocate Dushyant Dave, states that the issue went to the root of the registry’s integrity.
“This letter raises an extraordinarily serious question going to the very root of the institutional integrity of the registry of the Hon’ble Supreme Court of India,” the letter reads.
The issue arose when an application in the case of Jaipur Vidyut Vitran Nigam Ltd v. Adani Power Rajasthan Ltd was listed for orders on January 6, 2023, despite the final disposal of the case on August 31, 2020.
In its 2020 judgment, the Court had held that Adani Power was not entitled to the payment of Late Payment Surcharge (LPS). In terms of the same, the Rajasthan electricity distributor paid the entire amount due and the same was accepted by Adani.
Therefore, the letter claims that the latest application is a clear attempt to review the 2020 judgment after a lapse of more than two years, that too without moving any application for condonation of delay.
It further states that while the discom had moved an application for review, which was dismissed in March 2021, Adani did not file any review petition.
Highlighting that the matter involves a substantial sum of ₹1,376.35 crore, the Rajasthan discom has sought an immediate inquiry into how the application was registered and listed in contravention of the Supreme Court’s Rules as well as its judgments. Pending the inquiry, it has requested that the matter should not be heard by the Court.
“Till the inquiry is made, seek appropriate directions from either Hon’ble the Chief Justice of India or from the Hon’ble Court hearing the matter not to allow further hearing in the matter,” it further states.
The Supreme Court Rules state that no application would be entertained where the review of a judgment or order is sought.
The letter also underscores that in the past, the practice had been of the registry straightaway rejecting such applications without placing them before the Court.
In 2019, a similar issue was raised by Dave, who alleged that two cases involving Adani Group’s companies were listed out of turn by the Supreme Court during the Court's summer vacation of 2019 and disposed of in contravention to the settled practice and procedure of the apex court.