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Judgment
Sanjeev Sachdeva, J
CM APPL.6902/2021(exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 2363/2021 & CM APPL.6901/2021(interim relief)
The hearing was conducted through video conferencing.
Petitioner has approached this Court, inter alia, seeking a direction to respondent no.1 to give full legal effect to the Change in Law Provision of the
Statutory Power Purchase Agreements dated 24.07.2018 which allegedly triggered on account of the Change in Law Event i.e. imposition of Safe
Guard Duty by way of notification dated 30th July, 2018.
Learned Senior counsel for the petitioner submits that petitioner had been constrained to approach this Court in view of the fact that the Central
Electricity Regulatory Commission (CERC) is not functional in the absence of a Member (Legal). He submits that he has filed an application in the
petition already pending before CERC i.e. Petition No.181/MP/2020, but the same can not be taken up for consideration.
It is informed by learned counsel for the respondents that Member (Legal) has been sworn in today and as such the CERC is likely to commence
functioning shortly.
In view of the above, this Petition is disposed of with a direction to the CERC to take up for consideration and dispose of the application of the
petitioner expeditiously.
It is clarified that this court has neither considered nor commented upon the merits of the contentions of either party. All rights and contentions are
reserved.
Petition along with the pending application is disposed of in the above terms.
Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
By order dated 14.03.2012, the insurance company had been directed to deposit entire awarded amount of compensation with UCO Bank, Delhi
High Court Branch and by order dated 25.02.2013, 60% was allowed to be released to the claimants. The balance shall now be released to the
claimants in terms of the modification ordered above. The insurance company shall satisfy the enhanced award by requisite deposit with the Tribunal
within 30 days, making it available to be released to the claimant.
The statutory deposit shall be refunded to the appellant after proof is shown of the award having been satisfied.
The appeal is disposed of in above terms.