In a recent decision, the Supreme Court of India has imposed a penalty of ₹50,000 on Adani Power for its tardy attempt to seek a review of a case concerning late payment of surcharge. 

The bench, comprising Justices Aniruddha Bose and PV Sanjay Kumar, dismissed Adani Power's application filed more than two years after the issuance of final orders.

The genesis of the case lies in a dispute over the payment of dues owed by Rajasthan discom Jaipur Vidyut Vitran Nigam Limited (Jaipur VVNL) to Adani Power. A landmark judgment in 2020 by the apex court ruled against Adani Power's entitlement to the aforementioned surcharge. 

In compliance with this judgment, Jaipur VVNL remitted the entire outstanding amount, which was duly acknowledged by Adani Power.

However, Adani Power subsequently lodged a miscellaneous application, contesting the quantum of payment. The application, filed much later, prompted Jaipur VVNL to raise concerns about the integrity of the legal process. Jaipur VVNL pointed out the irregularity in listing the application for orders on January 6, 2023, despite the case having been conclusively adjudicated on August 31, 2020.

The discom emphasized that Adani Power's belated application amounted to an overt attempt to challenge the 2020 judgment after an inordinate delay, without even seeking condonation for the lapse in time. It was noted that while Jaipur VVNL had promptly filed a review application, which was dismissed in March 2021, Adani Power had failed to pursue any such recourse.

The Supreme Court took cognizance of these discrepancies and sought a report from the Registry on the allegations raised by Jaipur VVNL. During the course of hearings, the Court expressed astonishment at the application not being listed as per the established judicial orders.

The culmination of the legal proceedings witnessed a heated exchange between Senior Advocates Dushyant Dave, representing Jaipur VVNL, and Dr. Abhishek Manu Singhvi, appearing for Adani Power. Advocate Kartik Seth also represented Jaipur VVNL.

Case: Jaipur Vidyut Vitran Nigam Limited v. Adani Power Rajasthan Ltd.