JAIPUR VIDYUT VITRAN NIGAM LTD. & ORS. versus ADANI POWER RAJASTHAN LTD. & ANR.

JAIPUR VIDYUT VITRAN NIGAM LTD. & ORS. versus ADANI POWER RAJASTHAN LTD. & ANR.

The miscellaneous application seeking substantive modification/clarification of a final three-Judge Bench judgment was not maintainable; the Supreme Court is functus officio after final disposal and may entertain post-disposal modification only in rare cases (executory orders rendered impossible by subsequent events) or to correct clerical/arithmetic mistakes under Section 152 CPC/Order XII Rule 3; inherent powers cannot be invoked to circumvent the review/curative scheme. The present application did not fit any exception and was therefore dismissed.

Parties
Appellants: Jaipur Vidyut Vitran Nigam Ltd. & Ors.; Respondents/applicants: Adani Power Rajasthan Ltd. & Anr.
Jurisdiction
India
Judgment Date
18 March 2024
Procedural Posture
Miscellaneous Application in Civil Appeal Nos. 8625 8626 of 2019 / Post Disposal Miscellaneous Application Heard and Dismissed (application Filed After Disposal of Main Appeals and Review Petitions)
Outcome
Application dismissed
Legal Topics
Maintainability of Miscellaneous Applications After Disposal, Inherent Powers of the Supreme Court, Review and Curative Petitions, Rectification of Clerical or Arithmetical Errors, Extension of Time, Late Payment Surcharge (lps), Functus Officio Doctrine, Costs
Supreme Court Rules, 2013 Code of Civil Procedure, 1908 Electricity Act, 2003 Constitution of India Maintainability of Miscellaneous Applications After Disposal Inherent Powers of the Supreme Court Review and Curative Petitions Rectification of Clerical or Arithmetical Errors +4 more

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Parties

Jaipur Vidyut Vitran Nigam Ltd. & Ors.

Appellants

Adani Power Rajasthan Ltd. & Anr.

Respondents/applicants

Procedural Posture

Miscellaneous Application in Civil Appeal Nos. 8625 8626 of 2019 / Post Disposal Miscellaneous Application Heard and Dismissed (application Filed After Disposal of Main Appeals and Review Petitions)

Legal Issues

  1. 1 Whether a litigant can seek modification or clarification of a Supreme Court judgment or order by a miscellaneous application after the statutory appeal has been finally disposed of by a three-Judge Bench
  2. 2 Whether the Supreme Court can invoke its inherent powers to entertain a post-disposal application that seeks substantive relief in place of review
  3. 3 Whether claims for Late Payment Surcharge (LPS) could be pursued in a miscellaneous application after disposal of the appeals

Ratio Decidendi

The miscellaneous application seeking substantive modification/clarification of a final three-Judge Bench judgment was not maintainable; the Supreme Court is functus officio after final disposal and may entertain post-disposal modification only in rare cases (executory orders rendered impossible by subsequent events) or to correct clerical/arithmetic mistakes under Section 152 CPC/Order XII Rule 3; inherent powers cannot be invoked to circumvent the review/curative scheme. The present application did not fit any exception and was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Miscellaneous Application Diary No.21994 of 2022 dismissed.
  • Costs of Rs.50,000 imposed on the applicant (Adani Power Rajasthan Ltd.) to be paid and remitted to the Supreme Court Legal Aid Committee.