SECTION IX

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 23470 OF 2016

WITH PRAYER FOR INTERIM RELIEF

WITH

 IA NO. 89895/2016 - APPLICATION FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS

Process Id: 396/2024

OFFICE REPORT

This Hon'ble Court, on 22nd August, 2016, was pleased to pass the following order:

"Learned Attorney General for India, while inviting our attention to Sections 43 and 44 of the Electricity Act, 2003, submitted that the Act only contemplates delay on account of force majeure, whereas under the Regulations, the same has been extended to cover those situations which are not contemplated under the Act and which are not force majeure situations. Though Shri C.S. Vaidyanathan, learned senior counsel contended that the proviso covers such situations, we are of the view that the matter requires detailed consideration.

In view of the above, issue notice.

Learned counsel appearing on behalf of Respondent Nos. 1 and 2 accept notice on their behalf. Therefore, service of notice on Respondent Nos. 1 and 2 is waived of. Counter affidavit may be filed within six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter."

It is submitted that there are three respondents in the instant matter. Accordingly, show cause notice was issued to Respondent No. 1 and 2 through counsel and to Respondent No. 3 through registered A.D. post. Ms. Anita Singh Kalkal and Mr. Pukhrambam Ramesh Kumar, Advocate for Respondent Nos. 1 and 2 have already filed their respective counter affidavits (copies of the same have been place with SLP paper books). Counsel for the petitioner has not filed rejoinder affidavit so far.

It is further submitted that counsel for respondent no. 2 has on 30.11.2016 filed an application for permission to file additional documents (IA No. 89895/2016) (copy of the same has been place with SLP paper books). Mr. Aaditya A. Pande, Advocate has on 14.02.2024 filed Vakalatnama/Appearance on behalf of Respondent No. 3 but not filed counter affidavit so far.

Service of notice is complete.

The Petition above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated : February 15, 2024

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