Supreme Court imposes ₹50,000 costs on Adani Power for filing application two years after final order

The Supreme Court on Monday imposed costs of ₹50,000 on Adani Power for effectively seeking review of a case concerning late payment of surcharge by filing an application more than two years after final orders were passed [Jaipur Vidyut Vitran Nigam Limited v. Adani Power Rajasthan Ltd]..A Bench of Justices Aniruddha Bose and PV Sanjay Kumar dismissed the application filed by Adani Power today."This is not an application for correcting any clerical or arithmetical error. Neither it is an application for extension of time. A post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by this Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments. The factual background of this Application does not fit into that description", the bench explained.The costs were directed to be remitted to the Supreme Court Legal Aid Committee..The verdict came in a case related to late payment of dues owed by Rajasthan discom Jaipur Vidyut Vitran Nigam Limited to Adani Power.In a 2020 judgment, the apex court had held that Adani Power was not entitled to the payment of the said surcharge. In terms of the same, the discom paid the entire amount due and the same was accepted by Adani Power.However, Adani later filed a miscellaneous application raising issue with the amount..In January last year, the discom addressed a letter to the Secretary General of the Supreme Court Registry pointing to the fact that this application was listed for orders on January 6, 2023, despite the final disposal of the case on August 31, 2020. The letter stated that the issue went to the root of the Registry’s integrity.Therefore, the letter claimed that the application by Adani Power was a clear attempt to review the 2020 judgment after a lapse of more than two years, that too without moving for condonation of delay.It further stated that while the discom had moved an application for review, which was dismissed in March 2021, Adani did not file any review petition.The Supreme Court had in January last year sought a report from the Registry on the allegations levelled.During the hearings, the Court had expressed its surprise at the matter not being listed despite definitive judicial orders providing for the same. It eventually held,"We are of the view that a miscellaneous application is not the proper legal course [here] ... A relief of this nature cannot be asked for in a miscellaneous application which was described in the course of hearing as an application for clarification.".The final hearing saw a sharp exchange of words between Senior Advocates Dushyant Dave, appearing for the discom, and Dr. Abhishek Manu Singhvi, appearing for Adani Power.Advocate Kartik Seth also appeared for the discom. The pleadings were handled by the Chambers of Kartik Seth..[Read judgment]