A Division Bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna passed the order on January 5 after an application was filed by Adani Power seeking recall of paragraph 52 of the Court’s judgement pronounced on December 19, 2023.
The High Court had given orders to both agencies CBI and DRI for looking into the allegations of over-invoicing by power companies belonging to Adani Group, Essar Group and others in a meticulous manner.
The Court gave these directions while disposing the PIL filed by activist Harsh Mander and NGOs Centre for Public Interest Litigation and Common Cause.
In the year 2017, the petitions were filed with a request for constitution of a Special Investigation Team (SIT) under a retired Supreme Court judge to investigate the allegations.
An application was then filed by Adani goup bringing to Court’s notice the orders passed by the Supreme Court whereby the appeal filed by the Commissioner of Customs (Import) against Adani Power Maharashtra Power Limited were dismissed on March 27, 2023.
A review plea was filed before the Apex Court by the Commissioner of Customs against this order and the same is pending adjudication.
The Court in its order said that in view of the fact that review petition preferred by the department is subjudice before the Hon’ble Supreme Court; the directions passed by this Court in para 52 of judgment dated 19.12.2023 in respect of M/s Adani Power Maharashtra Limited and M/s Adani Power Rajasthan Limited (now M/s Adani Power Limited) are kept in abeyance awaiting outcome of the said review petitions.