Thread by @barandbench

#SupremeCourt to hear the curative petition filed by Gujarat Urja Vikas Nigam Ltd. (GUVNL) against a July 2019 judgment of the apex court upholding the termination of a power purchase agreement (PPA) by Adani Power (Mundra) Ltd
@AdaniOnline #AdaniPower

The case relates to Adani Power’s termination of the PPA with GUVNL citing GMDC’s failure to supply it coal. The Gujarat State Electricity Regulatory Commission and later an appellate tribunal held the termination ‘illegal' #SupremeCourt

AG KK Venugopal: Parties have settled the problem and they seek to modify the statement. There was a claim of 10,000 crores compensation and it now stands withdrawn. So we pray for settlement to be recorded.

CJI NV Ramana: Once we have taken up the curative and don't interfere in the judgment then how can we modify the judgment. You want it to be disposed off based on settlement.

AG: The court can invoke Article 142 and put an end to the dispute.

Adv Mahesh Agarwal: We have agreed to continue to supply 2000 Mega Watts power to the state on disposal of the case by the bench.

CJI: Question is how can we not interfere in the judgment and modify it.

AG: powers in the review and curative is same as based on Hoora verdict

CJI: Gujarat Urja Vikas Nigam etc .. all of the settlements affidavits signed by officials only?

AG: It's signed by the General Manager, Commerce. Joint President of Adani Power Mundra has also signed the affidavits

AG: They are fully authorised. Hoora verdict itself says that curative covers the same area as review and even SC rules say curative cannot raise a fresh ground which was not raised in review

Sr Adv C Aryama Sundaram supports AG: There is no restriction on the powers of the curative court if viewed under Article 142

Justice UU Lalit: Parties have entered into compromise and we will say we dispose off settlement in terms of the settlement which was filed by signatures of competent persons. We proceed that both parties have now entered into settlement

Justice UU Lalit: We will say inter se relationship between parties will be governed by the terms of the settlement

Justice Surya Kant: Yes the idea is to not keep it dragging

CJI : After notice was issued, it appears parties have settled and filed a joint application recording the settlement deed dated 3.1.2022. after hearing, the settlement deed is taken on record.

CJI: In view of settlement deed, we dispose off the curative by saying that both parties will be governed by the settlement deed. #SupremeCourt #AdaniPower

Sr Adv Sundaram and AG KK Venugopal appears for Gujarat Urja Vikas Nigam and Adv Mahesh Agarwal appears for #AdaniPower

#SupremeCourt

Hearing ends.