?Chief Justice's Court
Case :- WRIT - C No. - 18170 of 2018
Petitioner :- Independent Power Producers Association Of India
Respondent :- Union Of India And 5 Others
Counsel for Petitioner :- Ashish Mishra
Counsel for Respondent :- A.S.G.I.,Sanjay Kumar Om
Hon'ble Dilip B. Bhosale,Chief Justice
Hon'ble Suneet Kumar,J.
Heard Mr. Sajan Poovayya, Senior Advocate with Mr. Ashish Mishra, learned counsel for the petitioners and Mr. Sanjay Kumar Om, learned counsel for respondents 1 and 3 to 6.
Issue notice to respondent no.2, returnable on 10.7.2018. In addition to Court notice, the petitioners to serve notice to respondent no.2 by registered post with AD/Speed Post/Courier and to file proof of service.
As requested by counsel for the respondent nos. 1 and 3 to 7, the question of maintainability of the writ petition, is kept open to be argued on the next date. It is open to the respondents to file short reply - affidavit at this stage, if they so desire and are advised.
After hearing both the sides, counsel for the parties have agreed for the order that we propose to pass today. Hence the following order:
We request the Secretary, Ministry of Finance, Union of India, to hold a meeting in the month of June, 2018 of respondents 2 to 5 through their Secretaries and a representative of the petitioners' association to consider their grievance and see whether any solution to the problem is possible, in the light of observations made by the Thirty-Seventh Report of Standing Committee on Energy presented to Lok Sabha on 7.3.2018 with regard to stressed/non-performing assets in electricity sector. Though, we could not go through the report, our attention was specifically drawn to some observations in Part-II of the report, which reads thus:
"The Committee are of the considered view that providing finances, though vital, to the project is only one of the several factors essential for the commissioning of the project. As of now, commissioned plants worth of thousands of Mws are under severe financial stress and are currently under SMA-1/2 stage or on the brink of becoming NPA. This is due to fuel shortage, sub-optimal loading, untied capacities, absence of FSA and lack of PPA, etc. These projects were commissioned on the basis of national need/ demand of electricity, availability of all other essentials required in this regard. However, due to unforeseen circumstances, these plants are suffering from cash flows, credit rating, interest servicing etc. Hence, simply applying the RBI guidelines mechanically by the banks, financial institutions, joint lender forums will push these plants further into trouble without any hope of recovery."
It is needless to mention that the petitioners representatives shall supply a copy of this order and of the writ petition with annexures to all the respondents within one week from today. We only observe that action may be avoided on the basis of the impugned circular dated 12.2.2018 issued by respondent no.2-Reserve Bank of India addressed to all Scheduled Commercial Banks and All-India Financial Institutions, against members of the petitioners association, subject to condition that the member(s) is/are not willfull defaulter(s) till the meeting is conducted by the Secretary, Ministry of Finance, Union of India.
We also observe that the Secretary, Ministry of Finance shall communicate the date and time of the meeting to all concerned, including the President of the petitioners' association, well in advance.
S.O. to 10.7.2018.
Order Date :- 31.5.2018
(Suneet Kumar, J) � � � (Dilip B Bhosale, CJ)