Delhi HC puts on hold order asking CBI, DRI to look into allegations of over-invoicing by Adani Power

Delhi HC has kept in abeyance its order asking the CBI and the Directorate of Revenue Intelligence to “meticulously and expeditiously” look into allegations of over-invoicing of imports by the Adani Power Limited.

The Delhi High Court has kept in abeyance its order asking the Central Bureau of Investigation (CBI) and the Directorate of Revenue Intelligence (DRI) to “meticulously and expeditiously” look into allegations of over-invoicing of imports by the Adani Power Limited.

The High Court, in its December 19, 2023 ruling, had told the authorities to “unearth the actual factual position” and take appropriate actions against the erring companies, including the Adani Power and the Essar Group, if any, as per law.

Adani Power had moved the High Court against the December ruling, saying that a petition filed by the Commissioner of Customs (Import) in a matter involving Adani Power Maharashtra Limited is pending before the Supreme Court.

Adani Power placed on record a copy of the order passed by the Supreme Court by which an appeal filed by the Commissioner of Customs (Import) against Adani Power Maharashtra Limited was dismissed on March 27, 2023.

The firm informed the High Court that the customs department has filed a petition before the apex court seeking review of the March order which is pending adjudication.

“In view of the fact that review petition preferred by the department is sub-judice before the Supreme Court; the directions passed by this court in para 52 of judgment dated December 19, 2023 in respect of M/s Adani Power Maharashtra Limited and M/s Adani Power Rajasthan Limited (now M/s Adani Power Limited) are kept in abeyance awaiting outcome of the said review petitions,” the High Court said on January 5.

The High Court had passed the December ruling on two petitions filed in 2017 by the NGO Centre for Public Interest Litigation (CPIL) and former bureaucrat and social activist Harsh Mander.