Supreme Court raises eyebrows over failure to list Adani Power case

The attention of the Supreme Court was drawn today to the apparent failure of the Court's registry to list a case concerning Adani power [Jaipur Vidyut Vitran Nigam Limited v Adani Power Rajasthan Ltd]..Senior Advocate Dushyant Dave mentioned the issue before a bench of Justices Aniruddha Bose and PV Sanjay Kumar. Appearing for Jaipur Vidyut Vitran Nigam Limited, Dave expressed concern over the registry's failure to list the case against Adani Power, deeming the situation "very disturbing."He urged the Court to pass a judicial order and also emphasized that such delays do not happen in High Courts.He added that an Assistant Registrar claimed to have received instructions not to list the case."The Assistant Registrar very boldly says 'I am under direction not to list it'," Dave said."Why? At whose behest? Directed by whom," the bench asked."I don't know. It is disturbing milord, what is happening in this court. Court proposes, registry disposes. This in High Court, was impossible. It is contempt if government did it... But when Registry defies court orders, should it not viewed seriously? You lordship should pass a judicial order," Dave said. "We will find out. You come at 2," Justice Bose replied.Dave then said that the matter should be considered today itself."It should be directed to be listed today. Because it was almost tooth and nail, and your lordship said, let it be listed today. In a similar situation, Justice Oka was compelled to issue notice to the Registry. It speaks very poorly on us as institution," Dave said."We will take care," the bench assured Dave. .Later, the Court told Dave that it will list the matter for hearing tomorrow (January 24, Wednesday) on top of the board as the first item after fresh matters. .Meanwhile, the controversy led another petitioner who was present in the courtroom to inform the Court that he was facing a similar issue. "This PIL concerns 20 crore people, has to be heard. It was supposed to be listed on two weeks, it has been eight. Why is this happening?" the petitioner submitted. "Why is this happening despite listing date? We will hear next Wednesday," the Court replied..The Adani matter mentioned today concerns allegations by the Jaipur Vidyut Vitran Nigam Limited that an application by Adani Power was listed before the Supreme Court despite a final judgment in the main case.In January last year, a letter was addressed by the Rajasthan discom to the Secretary General of the Supreme Court registry raising this issue.The letter stated that the issue went to the root of the registry’s integrity. As per the letter, the case was listed for orders on January 6, 2023, despite the final disposal of the case on August 31, 2020.In the 2020 judgment, the apex 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 claimed that the latest application was a clear attempt to review the 2020 judgment after a lapse of more than two years, that too without moving any application for a condonation of delay.It further stated that while the DISCOM had moved an application for review, which was dismissed in March 2021, Adani did not file any review petition.The Supreme Court had in January last year sought a report from the registry within ten days on allegations by the Jaipur Vidyut Vitran Nigam Limited about such an improper listing of an application by Adani Power despite a final judgment in the case..Senior Advocate Dushyant Dave, who appeared for Jaipur Vidyut Vitran Nigam was briefed by chambers of advocate Kartik Seth..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.