ADANI POWER RAJASTHAN LTD. Vs. SUBODH AGARWAL

JUDGEMENT

(1.) This Contempt Petition has been filed by Adani Power Rajasthan Limited alleging noncompliance of judgment of this Court dtd. 31/8/2020, against which the Review Petition No.18111812 of 2020 has also been dismissed on 2/3/2021.

(2.) In short, the dispute in the Civil Appeal was with regard to the certain additional payments which the petitioner claims that it was entitled to because of "change in law". Very briefly stated, the facts are that the petitioner was to supply electricity to the respondentDiscoms, which was to be generated by the petitioner company, for which, as per the agreement, the respondents was to supply domestic coal (linkage coal). However, undisputedly, the domestic coal was not provided to the petitioner. Since the petitionercompany was, as per the agreement, required to supply uninterrupted power, it had to purchase imported coal (linkage coal) at a much higher cost. A claim for loss due to non supply of domestic coal because of which petitioner had to purchase imported coal was raised by the petitioner before the Rajasthan Electricity Regulatory Commission (for short 'RERC'), which vide its Order dtd. 17/5/2018 held that the petitioner would be entitle to the relief of "change in law", which was held to be the difference of landed cost of alternate coal/imported coal as certified by auditor and landed cost of domestic linkage coal.

(3.) In the aforesaid facts, the only dispute for the purpose of calculation of loss due to "change in law" was the actual landed cost of alternate coal minus landed cost of domestic linkage coal.