Karnataka High Court
M/S. Avaada Solar Energy Private ... vs Union Of India on 20 January, 2021
Author: Satish Chandra Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE V.SRISHANANDA
WRIT APPEAL NO.867 OF 2019 (T-RES)
BETWEEN:
M/S. AVAADA SOLAR ENERGY PRIVATE LIMITED
PLOT NO. 4, 7 & 8,
PAVAGADA SOLAR PARK,
VILLAGE: TIRUMANI,
TALUK: PAVAGADA
DISTRICT: TUMKUR
KARNATAKA-572 136
(REPRESENTED BY ITS AUTHORISED SIGNATORY)
MR. PRABHAT KUMAR.
ALSO AT:
3RD FLOOR, PTI BUILDING,
4, PARLIAMENT STREET,
NEW DELHI-110 001.
M/S. AVAADA ENERGY PRIVATE LIMITED,
REGISTERED OFFICE:
304, SHOPPERS PLAZA,
OPP. MUNICIPAL MARKET,
C.G. ROAD, NAVRANGPURA,
AHMEDABAD-380 009.
(REPRESENTED BY ITS AUTHORISED SIGNATORY)
MR. PRABHAT KUMAR.
...APPELLANT
(BY SMT. ASHLY CHERIAN FOR SRI K. V. GOUTHAM, ADVOCATE)
AND :
1. UNION OF INDIA
2
THROUGH MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
THROUGH THE SECRETARY, MOF,
ROOM NO.64, NORTH BLOCK,
NEW DELHI-110 001.
2. MINISTRY OF COMMERCE & INDUSTRY
(STANDING BOARD ON SAFEGUARD)
THROUGH THE SECRETARY,
STANDING BOARD ON SAFEGUARDS,
UDYOG BHAVAN,
NEW DELHI-110 001.
3. DIRECTORATE OF GENERAL
TRADE REMEDIES (DGTR)
MINISTRY OF COMMERCE & INDUSTRY
THROUGH THE SECRETARY,
STANDING BOARD ON SAFEGUARDS,
UDYOG BHAVAN,
NEW DELHI-110 001.
4. MINISTRY OF NEW AND
RENEWABLE ENERGY (MNRE)
THROUGH THE SECRETARY,
BLOCK-14, CGO COMPLEX,
LODHI ROAD,
NEW DELHI-110 001.
5. COMMISSIONER OF CUSTOMS
INDIAN CUSTOMS,
EDI SYSTEM-IMPORTS,
CUSTOMS HOUSE 60,
RAJAJI SALAI, CHENNAI,
TAMIL NADU-600 001.
6. KARNATAKA RENEWABLE ENERGY
DEVELOPMENT LIMITED
#39, "SHANTHI GRUHA",
BHARATH SCOUTS & GUIDES BUILDING,
OPP. THE CHIEF POST MASTER
GENERAL OFFICE, BENGALURU,
KARNATAKA-560 001.
(REPRESENTED BY DIRECTOR)
7. GULBARGA ELECTRICITY SUPPLY
COMPANY LIMITED (GESCOM),
CORPORATE OFFICE,
STATION ROAD, KALABURGI,
3
BENGALURU-585 102.
(REPRESENTED BY ITS DIRECTOR)
8. CHAMUNDESHWARI ELECTRICITY
SUPPLY CORPORATION LIMITED (CESC),
CA-29, VIJAYANAGARA,
2ND STAGE, HINKAL,
MYSORE-570 017.
(REPRESENTED BY ITS DIRECTOR)
9. MANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED (MESCOM),
MESCOM BHAVANA,
KAVOOR CROSS ROAD, BEJAI,
MANGALORE-575 004.
(REPRESENTED BY ITS DIRECTOR).
...RESPONDENTS
(BY SRI BIRDY AIYAPPA, C.G.C. FOR R1-4;
SRI JEEVAN J. NEERALGI, ADVOCATE FOR R5;
R6 - R9 - NOTICE DISPENSED WITH)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO PASS AN ORDER SETTING
ASIDE THE IMPUGNED ORDER DATED 21.02.2019 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P. NO.6653 OF 2019 (T-RES) AND GRANT
THE INTERIM RELIEFS SOUGHT FOR IN THE WRIT PETITION
NO.6653/2019.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Smt. Ashly Cherian on behalf of the appellant Sri K.V.
Goutham, learned Advocate has drawn the attention of this Court to
order dated 16.11.2020 passed in Special Leave to Appeal (C)
Nos.24009-24010 of 2018 and has fairly stated before this Court
that the present writ appeal be disposed of as the Apex Court has
directed the High Court to decide the writ petition on merits and to
dispose it of expeditiously. The order passed by Hon'ble Supreme
Court reads as under :
"Mr. Basava Prabhu S. Patil, learned Senior Counsel
appearing for the applicant submits that these IAs have
become infructuous, which accordingly stands disposed of
as infructuous. Needless to state that nothing precludes
the High Court from hearing the pending writ petition on
merits and disposing it expeditiously."
2. In the light of the aforesaid, the present writ appeal
stands disposed of with a request to the learned Single Judge
to decide the writ petition on merits and to dispose it of
expeditiously.
Accordingly, I.A.No.1/2019 stands disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
hnm
