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iii

Suryachakra Power Corporation Limited

Regd. Off : SURYACHAKRA HOIJSE, Plot No. 304-L-Ill, Road No. 78, Jubrlee Hrlls,
Hyderabad-500 096.CIN:.L40103TG1995PLC019554 Ph : t91-40-3082 3000,.2355 0597 / 98
Fax : 040 - 2354 1339, E-mail : adminBsuryachakra.com website : www.suryachakra.in

Ref: SPCL/ BSE/ 2016

Dt.22nd October, 2016

To
The General Manager
Dept. of Corporate Services
Bombay Stock Exchange Limited
Phiroze Jeejeebhoy Towers
Dalal Street, Mumbai - 400 001
Dear Sir,
Sub: Supreme Court Judgmentdt.22nd October, 2016
Ref: Scrip Code: 532874
With reference to the above, please find attached copy of Judgment dt.22nd
October, 2016 received by us in the matter of Electricity Department, Rep. by its
Superintendent Engineer Port Blair, A & N Islands Vs. Suryachakra Power
Corporation Limited vide Civil Appeal No.3764 of 2016.
This is for your information and records.
Thanking you,
Yours faithfully,

( h Suresh Babu)
VP & Company Secretary

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IS0 9001 2008

IS0 14001 : 2004

NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3764 OF 2016

THE ELECTRICITY DEPARTMENT, REP. BY ITS

SUPERINTENDING ENGINEER,PORT BLAIR AND ANR.

APPELLANTS

VERSUS
M/S SURYACHAKRA POWER CORPORATION LIMITED
AND ANR.

RESPONDENTS

J U D G M E N T

NARIMAN, J.
1.

The present appeal is a sequel to Civil Appeal No. 1652

of 2015.
against

By our judgment and order dated 22nd September, 2016,

the

judgment

of

the

Appellate

Tribunal

dated

28th

November, 2014, we disposed of the aforesaid appeal allowing

the appeal only to a limited extent and setting aside the
judgment of the Appellate Tribunal insofar as it allowed an
increase

in

charges

(FC)

interest
and

during

incidental

construction
expenses

(IDC),

during

financing

construction

(IEDC) incurred for the delay in execution of the project for

reasons beyond the control of the respondent.
Signature Not Verified
Digitally signed by
RAJNI MUKHI
Date: 2016.10.22
10:23:12 IST
Reason:

2.

In the second round of litigation, the implementation of

the aforesaid order of the Appellate Tribunal has taken place,

and the impugned judgment of the Appellate Tribunal dated 14 th

March, 2016 has been placed before us.

In particular, a chart

extracted in paragraph 9.13 has been supplied by the Appellate

Tribunal indicating how it has arrived at a total project cost
of Rs. 77.64 crores.
senior

counsel

We find that Shri Rakesh Khanna, learned

appearing

on

behalf

of

the

appellants

has

raised various submissions before us, most of which have been

raised and turned down earlier.

We find that item nos. 1,2,3

& 4 of the said chart are unexceptionable for the reason that
they strictly conform to paragraphs 25 and 36 of the Appellate
Tribunal judgment dated 28th November, 2014.

However, item

no.5 consists of a sum of Rs.1.84 crores and 0.84 crores,

being additional interest during construction, financing cost,
and

incidental

expenses

during

construction.

Since

the

earlier appeal i.e. Civil Appeal No. 1652 of 2015 has been
allowed to a limited extent, these figures will have to be
deleted and consequently the project cost will now stand as
Rs.74.96 crores.

3.

We have been informed that a sum of Rs.15 crores is lying

in deposit having been invested by the Registry of this Court.

This sum has been provided by appellant No.1 on 12th July, 2016
pursuant to an interim order of this Court.

The disbursement

of this sum is dependent upon adjudication proceedings pending

before the Joint Electricity Regulatory Commission, Gurgaon.

4.

We direct the said Commission to complete the exercise

necessary

in

from today.

these

proceedings

positively

within

six

weeks

If the Commission directs payment of Rs.15 crores

or more to be made by the appellants to the respondents, the

Registry of this Court is directed to disburse the amount of
Rs. 15 crores with accrued interest, if necessary, to the
Respondents without further reference to this Court.

In case

a sum of less than Rs.15 crores is ordered to be disbursed to

the Respondents, the said sum shall be paid by the Registry to
the

Respondents,

and

the

balance

lying

in

deposit,

with

accrued interest, shall be returned to appellant No.1.

In

case no amount is payable to the Respondents, the Registry

shall return the amount in deposit with accrued interest to
appellant No.1.

5.

With the above observations, the appeal is disposed of.

No costs.
...................J.
[KURIAN JOSEPH]

....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
OCTOBER 18, 2016

ITEM NO.8

COURT NO.8

SECTION XVII

S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS
Civil Appeal

No(s).

I N D I A

3764/2016

THE ELECTRICITY DEPARTMENT, REP. BY ITS

SUPERINTENDING ENGINEER,PORT BLAIR AND ANR.

Appellant(s)

VERSUS
M/S SURYACHAKRA POWER CORPORATION LTD AND ANR

Respondent(s)

(with appln. for permission for withdrawal of amount and office

report)
Date : 18/10/2016 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Appellant(s)

Mr.
Ms.
Mr.
Ms.
Mr.
Ms.
Mr.

Rakesh Khanna, Sr. Adv.

Ruchi Sindhwani, Adv.
Mohit Paul,Adv.
Megha Bharara, Adv.
Vikas Arora, Adv.
Diksha Jhingan, Adv.
Kirt Agarwal, Adv.

For Respondent(s)

Mr.
Mr.
Mr.
Mr.

Guru Krishna Kumar, Sr. Adv.

Ananga Bhattacharyya,Adv.
Rohit Rao N, Adv.
Mukund P. Unny, Adv.

UPON hearing the counsel the Court made the following

O R D E R
The

appeal

is

disposed

of

in

terms

of

signed

non-reportable Judgment.
Pending applications(s) shall stand disposed of.

(Rajni Mukhi)
SR. P.A.

(Renu Diwan)
ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)