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1. This is an Application seeking stay of operation of the Order dated 17.01.2020 passed by the Punjab State Electricity Regulatory Commission ("Central Commission") whereby the State Commission in Petition NO. 54 of 2017 has determined the completed capital cost of GVK's 540 MW power project located in Punjab as under:

S.No. Claimed by Recomm- Approved GVK ended by by the Ld. Joint PSERC* Auditor 1. Land 123.77 123.77 96.75 2. Preliminary Expenses 0.25 0.25 3. Boiler Turbine Generator 1050.22 1050.17 1050.17 Package including Engineering, Erection, Civil Works, Taxes and 4. Balance of Plant including 927.40 895.06 783.57 Engineering, Erection, Civil Works, Taxes and 5. Duties. Spares for BTG Package. 0.11 0.11 6. Non-EPC. 337.31 285.56 204.60 7. Start-Up Expenses 31.68 15.00 0 7. Power and Water for 32.57 32.57 32.10 Construction. 8. Consultancy and 54.13 11.03 Engineering charges 9. Pre-operative Expenses 186.55 126.56 74.04 10. Insurance 16.56 16.56 16.56 11. Capital Cost excluding 2760.55 - 2269.18 IDC & Financing Charges Page 2 of 98 IA NO. 136 OF 2020 IN APPEAL NO. 41 OF 2020 12. Interest During 1474.84 1455.77 777.50 Construction (IDC) 13. Financing Charges 31.99 31.99 11.69 14. Total Capital Cost 4267.38 4103.83 3058.37

1. The Appellant Company was established to execute what is known as Chennai Metro Rail Project ("CMRP"). On 15.02.2011, a Memorandum of Understanding ("MoU") was entered into between the Government of India, Government of Tamil Nadu and Chennai Metro Rail Limited ("CMRL"), the Appellant herein, inter-alia, for the purposes of sharing the financial burden of setting up of CMRP, the objective whereof concededly was to provide reliable, faster, economical and eco- friendly public transport services in the city of Chennai, the project undertaken being similar to the projects that have come up in different metro-cities of India including Delhi and Bangalore.

1. The present appeal has been filed by Indian Captive Power Producers Association (ICPPA) (Appellant) against the daily order dated 01.02.2019 ("impugned order") passed by the Gujarat Electricity Regulatory Commission ("Respondent Commission") in Petition No. 1672 of 2017, preferred by the Appellant. Vide the present appeal, the Appellant is seeking necessary directions for expediting the proceedings in Petition No. 1672 of 2017 preferred by the Appellant. Under the aforesaid Petition, the Appellant is seeking amendment of the provisions of the Gujarat Electricity Regulatory Commission (Terms and Conditions of Intra-State Open Access) Regulations, 2011 ("GERC OA Regulations, 2011") as detailed therein. However, even after a lapse of more than 2 years, the Respondent Commission has failed to hear the Petition on merits, thereby leading to a delay in deciding the said case.

1. Against the backdrop of validity of certain acts of the third Respondent (Procurer) encashing the Performance Bank Guarantee and terminating the Power Purchase Agreement (PPA) being questioned by the Appellant (Developer), the issues of the propriety of the approach of Appeal No. 319 of 2019 & IA Nos. 1565, 1566 & 1915 of 2019 Page 2 of 37 the first Respondent - Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to variously as "UPERC" or "State Commission" or "Commission") - to the process of adjudication and the general expectation of its neutrality particularly at the stage of an appellate scrutiny of its decision by this Tribunal have come up for consideration in this appeal.

1. These two matters have come up against almost identical backdrop of proceedings recorded by Tamil Nadu Electricity Regulatory Commission (hereinafter referred to variously as "TNERC" or "State Commission" or "Commission"), the Appellant in first captioned appeal being Madurai Power Corporation Private Limited, which was the petitioner in D.R.P. No. 19 of 2012, the second captioned appeal having been instituted by Samalpatti Power Company Private Limited, petitioner in D.R.P. No. 16 of 2012.

2. It appears that the said two petitions had come up for consideration before the State Commission around the same point of time, the hearing having been concluded, the orders having been reserved by similar proceedings recorded on 21.12.2018. Noticeably at that stage, the State Commission was functional in full strength with the Chairman and two Members in position. Before orders could be passed in either of the said matters, one of the members (Mr. G. Rajagopal) Appeal No. 127 of 2019 and Appeal No. 146 of 2019 Page 3 of 8 demitted office in January, 2019. Meanwhile, certain written submissions had been placed on record by the parties which were respondents before the State Commission (respondents in these appeals as well). Along with the said written submissions, certain documents were submitted to which exception was taken by the appellants primarily on the ground that it was new material, taking on board the same amounting to (as per their contention) amendment of the pleadings, it being statedly impermissible at the stage at which it had been tendered for record. Since the Registry of the Commission seems to have returned such material upon objections being taken, the respondents herein were constrained to file applications - i.e. IA No. 1 of 2019 in the first captioned matter and IA No. 2 of 2019 in the other matter.

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MR. SOEB R. BHOHARIA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MITESH AMIN, PUBLIC PROSECUTOR with MR MANAN MEHTA, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA and HONOURABLE MS. JUSTICE GITA GOPI Date : 08/05/2020 IA ORDER (PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)

1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.

2. Present application is preferred by the convict to release him on temporary bail for a period of 60 days on the grounds mentioned in the application.

2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 420, 406, 465, 467, 468, 471 and 120-B of the Indian Penal Code which FIR came to be registered at C.R. No.I-11209016200088 of 2020 with Himmatnagar A -Division Police Station.

3. Learned advocate appearing on behalf of the applicants on instructions submits that the applicants are ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioners; subject to the petitioner's right to oppose it.

4. On the other hand, the learned APP appearing for the respondent-State has opposed this application.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 65(e), 65(f) and 64(a) of the Prohibition Act for which FIR came to be registered at Prohibition C.R. No.11205035200180 of 2020 with Nakhtrana Police Station, Kutch-Bhuj.

3. Considering the quantity of contraband involved in the offence, as also the number of antecedents and the age of the accused and considering the nature of accusation against the petitioner and in absence of an apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 302, 307, 324, 504, 506(2) and 114 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act for which FIR came to be registered at C.R. No.I-193 of 2019 with Dindoli Police Station, Dist: Surat.

3. Considering the nature of accusation against the petitioner and in absence of an apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out.

4. Hence, this application is allowed and applicant is ordered to be released on bail in connection with C.R. No.I-193 of 2019 with Dindoli Police Station, Dist: Surat on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 65(A)(E), 116 and 81 of the Prohibition Act which FIR came to be registered at FIR Part-C C.R. No.11191038200118 of 2020 with Vatva Police Station.

3. Learned advocate appearing on behalf of the applicants on instructions submits that the applicants are ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioner; subject to the petitioner's right to oppose it.

4. On the other hand, the learned APP appearing for the respondent-State has opposed this application.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 65(A), 65(E) and 116(B) of the Gujarat Prohibition Act for which FIR came to be registered at Prohibition C.R. No.I-11207079200033 of 2019 with Halol Rural Police Station, Panchmahal.

3. Considering the fact the muddamal was recovered from the house of father of the applicant in absence of conscious possession with the petitioner and considering the nature of accusation against the petitioner and in absence of an apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out.

2. It is very much clear from the FIR that accused persons demanded a sum of Rs.11,000/- from the deceased on account of birth of a child to the wife of the deceased and upon his reluctance to pay the amount demanded and his willingness to pay Rs.5,000/-, accused insisted for the full payment; they picked up the quarrel with the deceased and one of the accused Renuka Kunvar allegedly thrashed the head of the deceased against the wall resulting into brain hemorrhage to which the deceased eventually succumbed and died after hospitalization of seven days. The material has been collected and the evidence has been recorded and it is pointed out by the learned Public Prosecutor that accused persons have been identified by the auto-rickshaw driver in his statement under Section 161 of the Criminal Procedure Code in whose auto- rickshw the accused persons commuted to the place of the deceased and thus the argument to the contrary that the accused persons remained unidentified in absence of TI parade has no substance.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 376(2), 363 and 366 of the Indian Penal Code and Sections 4, 6, 17 and 18 of the POCSO Act for which FIR came to be registered at C.R. No.I -25 of 2019 with Mehlav Police Station, District Anand.

3. On consideration of the rival submissions, the statement of the victim prima facie appears to be very curious in accompanying the unknown persons; she does not seem to be revealing the full and correct facts in her statement and thus considering the nature of accusation against the petitioner and in absence of an apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out.

2. Learned advocate Mr. Baghel for the applicant submits that present application is filed after the charge-sheet. He submits that there is no recovery or discovery from the present applicant. He further submits that the mobile, which is alleged to have been noted in the alleged incident is not recovered from any of the accused persons. He also submits that since the charge-sheet is filed, there is no possibility of tampering with the evidence of prosecution and the applicant is not likely to flee from the justice. He also submits that the applicant is not named in the FIR. He therefore, urges that the applicant may be released on bail by imposing suitable conditions.

Page 1 of 4

2. Learned advocate Mr. Karia for the applicant submits that the applicant is arrested on the basis of statement of co-accused. Learned Advocate further submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He further submits that the applicant has two past criminal antecedents.

4. Learned Advocates appearing on behalf of the respective parties do Page 1 of 3 Downloaded on : Fri May 08 22:29:40 IST 2020 R/CR.MA/6081/2020 ORDER not press for further reasoned order.

THROUGH JAIL for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MITESH AMIN, PUBLIC PROSECUTOR with MR MANAN MEHTA, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA and HONOURABLE MS. JUSTICE GITA GOPI Date : 08/05/2020 IA ORDER (PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)

1. Heard Mr. Mitesh Amin, learned Public Prosecutor assisted by Mr. Manan Mehta, learned APP for the State.

2. The applicant - convict has prayed for temporary bail on the ground of taking appropriate treatment at the private hospital. Considering the reason, we had called for the report from the learned APP. Learned APP had submitted the medical certificate issued by the Medical Officer, Central Jail, which indicates that the applicant was referred to the Orthopaedic Department, Civil Hospital, Ahmedabad lastly on 29.2.2020 and was also thereafter referred to Physiotherapy Rehab medicine on 5.3.2020. The certificate further indicates that the applicant refused admission in the hospital for MRI. The certificate also indicates that sonography Page 1 of 2 Downloaded on : Fri May 08 21:59:11 IST 2020 R/CR.A/148/2019 IA ORDER was conducted on 18.2.2020 and it is indicated that the applicant is regularly being examined and treated by physician and medical surgeon at jail dispensary.

Criminal Misc. Application No.1 of 2020:

1. Rule. Learned APP Mr. Himanshu K. Patel waives service of Rule on behalf of respondent - State.

2. The present application is filed by the applicant seeking extension of temporary bail for a period of 30 days on the ground of his own nasal surgery. The applicant is granted temporary bail by this Court vide order dated 20.04.2020 for a period of 10 days.

Page 1 of 2

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R/CR.MA/5981/2020 ORDER

3. Heard learned advocate for the applicant as well as learned APP for the respondent State and perused the application.

2. On 06/05/2020, this Court has passed the following order:

"Being bail application in succession of previous application being CR.MA No.24178 of 2019, this application is required to be placed before the same Court (Coram: V M Pancholi, J.) as per settled legal position. Accordingly, needful shall be done."

3. Today, the matter has been placed with this Court again with the following administrative order and accordingly, this Court has taken up the matter:

"In view of the circular dt. 30.4.2020 the matter be again placed before Justice G R Udhwani.

Sd/- (07/05/2020) (R M Chhaya J) Under administrative order of Hon'ble'ble the Chief Justice dt. 7.2.2020"

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Limkheda Police Station, Dahod district vide FIR No.11821035200189 of 2020 for the offences punishable under Sections 306 and 498A of the Indian Penal Code.

3. Mr. Jain, the learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. He has submitted that as per the case of the Page 1 of 6 Downloaded on : Fri May 08 23:18:59 IST 2020 R/CR.MA/6486/2020 ORDER prosecution the present applicant is husband of deceased Kailashben who committed suicide jumping in the well along with son Ravindra and daughter Shital. In that incident, Kailashben and Ravindra died whereas daughter Shital has survived. He has also submitted that the reasons mentioned for suicide are mentioned in FIR that the present applicant does not like the deceased and did not want to bring her back as he wanted to bring new wife. He has further submitted that age of deceased Kailashben as shown in FIR is 24 years whereas age of the applicant is 19 years and they had love marriage and out of the said wedlock they gave birth to two children. He has submitted that Aadhar Card clearly describes that the present applicant is born in the year 2001. Moreover, it is case of the prosecution that earlier about five months ago when the deceased Kailashben had gone to the house of the complainant where she complained the complainant i.e. her brother that present applicant had wish to bring new wife as he did not like her. He has submitted that as per FIR itself there is no recent incident which led the deceased for committing suicide. He has also submitted that deceased Kailashben and present applicant are belonging to different castes and community and they conducted love marriage and there is age difference which the complainant who is the brother of the deceased did not like and, therefore, out of vengeance, the false FIR is lodged. At last he has prayed that considering all these aspects and circumstances, present application may be granted.

[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11196027200074 of 2020 registered with Karelibaug Police Station, Vadodara for the offences punishable under Sections 65(A)(E), 98(2) and 81 of the Gujarat Prohibition Act.

[4] Learned advocate for the applicant appearing by video conferencing submits that the present applicant has been falsely implicated in the present offence only on the basis of statement of co- accused and the quantum of liquor is valued at Rs.12,000/- only. He further submits that the nature of allegations are such for which Page 1 of 4 Downloaded on : Fri May 08 23:13:13 IST 2020 R/CR.MA/5228/2020 ORDER custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

2. Rule. Learned APP waives service of notice of rule on behalf of the respondent State.

3. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for anticipatory bail in connection with the FIR being I C. R. No. 11213015200127 registered with Gondal City Police Station for the offence punishable under Sections 420, 406, 465, 467, 471, 120(B) of the Indian Penal Code.

4. Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicants will keep themselves available during the course of investigation, trial also and will not flee from justice.

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 30.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences under Sections 379(A)(3) and 114 of the Indian Penal Code by Page 1 of 8 Downloaded on : Fri May 08 22:33:28 IST 2020 C/SCA/1836/2020 ORDER itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 28.1.2020 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences Page 1 of 8 Downloaded on : Fri May 08 22:34:26 IST 2020 C/SCA/5912/2020 ORDER under Sections 379(A)(3) of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.