BHANSALI DYEING, PROPRIETORSHIP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.8901/2023, while treating the same as a lead case; thus, the rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

(2.) Brief facts of the case, as placed before this Court by learned counsel of the petitioner, are that M/s.Adani Powers Rajasthan Ltd. (APRL), a power generating Company entered into a Memorandum of Understanding (MOU) with the Government of Rajasthan to implement a coal based thermal power plant at Kawai, District Baran; whereafter, a Power Purchase Agreement was executed between the APRL and DISCOMS. After the said agreement, the respondent-State was unable to get the coal block allotted or allocated to the APRL, and therefore, the APRL imported the coal from Indonesia for its entire capacity for Kawai Project. Due to increase in the cost of the said coal, the APRL requested for revision of the tariff.

(3.) Mr. Vikas Balia, learned Senior Counsel assisted by Mr. Aditya K. Shah, Ms. Anukriti Jain & Mr. Himanshu; Mr. Ramit Mehta with Mr. Saurabh Maheshwari & Tarun Dudia; Mr. Abhishek Singh Rathore; Mr. Tushar Moad with Ms. Aditi Moad; and Mr. Naman Mohnot, Mr. Arvind Vyas with Mr. Amit Vyas; Mr. Vijay Bishnoi; Mr. Sharad Kothari; Mr. Mukesh Kachhwaha; Mr. Ayush Goyal; Mr.Shreyansh Mehta; Mr. Deependra Singh Shekhawat; Ms. Sonu Rathore; Mr. Anirudh Singh Shekhawat; Mr. Ramkishore Suthar for Mr. Akshat Verma; Mr. Chain Singh; Mr. Kuldeep Bishnoi; Mr.Shridhar Mehta; Mr. Keshav Bhati; and Mr. Vivek Firoda, appearing on behalf of the petitioner(s) submitted that there are three components of the alleged recovery amount, namely, (i) Total Principal amount of Rs.3048.64 Crores; (ii) Interest/carrying costs amount of Rs.2,947.81 Crores paid to the APRL and; (iii) Alleged additional interest burden due to lending from financial institutions, to the tune of Rs.1442.00 Crores.