Jay Iron And Steels Ltd. v. Indian Renewable Energy Development Agency & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1771/2015 & C.M.Nos.10255/2015, 22692/2015, 19614/2016 JAY IRON AND STEELS LTD.

..... Petitioner Through Mr.Sonal Jain with Ms.Heena Sharma, Mr.Manas Gaur and Mr.Suharsh Jauhari, Advocates.

versus INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY & ANR ..... Respondents Through Mr.Sandeep Sethi, Sr.Advocate with Mr.Abhishek Agarwal and Ms.Vinita Sasidhar, Advocates for R-1.

Mr.Raj Kumar Mehta with Mr.Abhishek Upadhyay and Ms.Himanshi Andley, Advocates for R-2/GRIDCO.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 20.05.2016 Mr.Sandeep Sethi, learned senior counsel appearing for respondent no.1 states that as both the accused have been acquitted by the CBI Court, respondent no.1 has decided to accept the commissioning of the project under RPSSGP Scheme and has allowed the incentives to be passed on to the petitioner. He states that the said decision has been duly conveyed to the petitioner vide letter dated 29th April, 2016 with a request to file its claims with respondent no.2-GRIDCO in terms of PPA and the guidelines. He also states that

the claims received for the months March-April, 2012 from respondent no.2-GRIDCO have been processed and the payments released on 9th May, 2016. Mr.Sethi assures this Court that in the event respondent no.2-GRIDCO forwards petitioner's further claims for incentives, the same shall be processed and paid for expeditiously. Learned counsel for respondent no.2- GRIDCO states that he is not aware of any payment having been received by it from respondent no.1. He, however, states that in the event the incentive has been received from respondent no.1, the petitioner shall be paid the said amount within a period of three weeks, if not already paid. He also assures this Court that the pending bills of the petitioner shall be forwarded by respondent no.2-GRIDCO to respondent no.1 for payment within a period of two weeks.

Learned counsel for the petitioner states that the petitioner has raised all its outstanding dues vide letter dated 9th May, 2016. Learned counsel for respondent no.2-GRIDCO assures and undertakes to this Court that the said letter along with the accompanying bills, as admissible, shall be processed and forwarded to respondent no.1 within a period of three weeks. Learned senior counsel for respondent no.1 assures this Court that the said letter and bills as and when received shall be processed and paid for within a further period of three weeks. The statements made by learned senior counsel for respondent no.1 as well as learned counsel for respondent no.2-GRIDCO are accepted by this Court and the said respondents are held bound by the same. In view thereof, the present writ petition and pending

applications are disposed of as satisfied and the order dated 28th March, 2016 is recalled.

MANMOHAN, J MAY 20, 2016 KA