LexJAIPUR VIDYUT VITRAN NIGAM LTD. & ORS. versus ADANI POWER RAJASTHAN LTD. & ANR.
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* Author [2024] 3 S.C.R. 1023 : 2024 INSC 213 Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Adani Power Rajasthan Ltd. & Anr. Miscellaneous Application Diary No. 21994 of 2022 In Civil Appeal Nos. 8625 – 8626 of 2019 18 March 2024 [Aniruddha Bose* and Sanjay Kumar, JJ.] Issue for Consideration When can a litigant apply for modification of a judgment or an order in a matter which stands finally concluded; and can a party file an application after disposal of the statutory appeal by invoking inherent powers of the Supreme Court. Headnotes SUPREME COURT RULES, 2013 - Order XII, Rule 3 – Scope thereof, explained – Filing of applications after disposal of the statutory appeal: Held: Impermissible – A post disposal application for modification and clarification of an order shall lie only in rare cases, where the order passed by the Supreme Court is executory in nature and the directions of the Supreme Court have become impossible to be implemented because of certain subsequent events or developments – After disposal of an appeal / petition, the Supreme Court becomes functus officio and does not retain jurisdiction to entertain any application. [Para 20] SUPREME COURT RULES, 2013 – Practice and Procedure – Application projected as an application for clarification, though it was registered as a miscellaneous application – Practice deprecated. Code of Civil Procedure, 1908 – Order XXIII, Rule 1 – Scope thereof, explained. Held: There are two Orders in the Supreme Court Rules, 2013 which permit review of a judgment or an order of the Supreme Court, Orders XLVII and XLVIII – The former Order, contained in 1024 [2024] 3 S.C.R. Digital Supreme Court Reports Part IV of the 2013 Rules, relates to “Review of a Judgment” and the latter relates to “Curative Petition” – There is no other provision in the 2013 Rules, whereby a litigant can apply for modification of a judgment or an order of the Supreme Court in a matter which stands finally concluded – By taking out a Miscellaneous Application, the applicant cannot ask for reliefs which were not granted in the main judgment itself. [Para 10] Through this miscellaneous application, the applicant seeks a direction upon the Rajasthan Discoms for making payment of Rs.1376.35 crores – The present application has been captioned as “APPLICATION FOR DIRECTIONS ON BEHALF OF THE RESPONDENT NO.1/APPLICANT (ADANI POWER RAJASTHAN LIMITED)” in the said appeals which stood disposed of by a common judgment of a three-Judge Bench of the Supreme Court delivered on 31.08.2020 – Review petitions filed against this judgment by the Rajasthan Discoms stood dismissed on 02.03.2021. [Para 2] In the course of hearing, it was projected as an application for clarification, though the same was registered as a miscellaneous application – The reliefs asked for in this application do not refer to any clarification. [Para 9] The applicant had expressed its desire to withdraw the present application on the last date of hearing, i.e., 24.01.2024 – The Supreme Court, however, decided not to permit such simpliciter withdrawal – Even if an applicant applies for withdrawal of an application, in exceptional cases, it would be within the jurisdiction of the Supreme Court to examine the application and pass appropriate orders – So far as the present proceeding is concerned, an important question of law has arisen as regards jurisdiction of the Supreme Court to entertain an application taken out in connection with a set of statutory appeals which stood disposed of – Judgment of the Supreme Court in Supertech Limited v. Emerald Court Owner Resident Welfare Association & Others, (2023) 10 SCC 817 deals with this question and the ratio of the said judgment would apply to the present proceeding as well. [Para 19] The Supreme Court becomes functus officio and does not retain jurisdiction to entertain an application after the appeal was disposed of by the judgment of a three-Judge Bench of the Supreme Court – This is not an application for correcting any clerical or arithmetical error – Neither it is an application for extension of [2024] 3 S.C.R. 1025 Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Adani Power Rajasthan Ltd. & Anr. time – A post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by the Supreme Court is executory in nature and the directions contained in the judgment may become
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