The Adani Power on Monday opposed the application filed by the Sukhu government in the Himachal Pradesh High Court for a stay on refund of Rs 280 crore deposited by Adani Power in 2008 as upfront money on behalf of Netherlands-based company Brekel NV.
Matter was listed before division bench of Acting Chief Justice Sabina and Justice Satyan Vaidya in Himachal Pradesh High court in Monday.
In this case, the Sukhu government has filed an application in the court that the director of Breakle Company, a Dutch citizen, Dean Gesterkamp, is absconding in the Vigilance case, and until he joins the investigation, this money should not be released to Adani Power. .
Govt said that Vigilance has issued a blue corner notice against Gesterkamp in the case registered under section 420 against him. The Sukhu government has said in its application that the signatures made by Gasterkamp on different documents do not match. Gesterkamp is a bona fide investor with Adani Power so latter should help to ensure is immigration soon.
The Sukhu government has filed an application to bring some new documents in this way. State counsel said in the court that NOC produced by Adani Power before the court was signed by Gasterkamp or not it is doubtful.
The counsel for Adani Power contended before the court that all these facts and documents were already available with the government.
The court fixed next date of hearing of the matter on May 1, 2023
in 2006-07, the then Virbhadra Singh government had allotted two hydro power projects of 960 MW, Jangi Thopan and Jangi Powari, to the Netherlands company Brekel NV But this company could not deposit the upfront money within the stipulated time limit.
This was the case in the charge sheet of the then Dhumal BJP. Later, Dhumal got it investigated and the documents submitted by Breakal were found to be fake, but despite this, the Dhumal government allotted this project to Brekel only.
Reliance Infrastructure, second in the bid, took the matter to court and in 2009 the court upheld the allotment which was cancelled latter. Meanwhile, during the hearing in the court, the upfront money was deposited on behalf of Adani group companies.
Brakel later told the government that he had borrowed this amount from Adani Power. In a recent application filed in the court, the Sukhu government has said that Gesterkamp, director of Brakel, has given NOC to Adani Power that he has no objection if the upfront money is returned to Adani Power.
In April 2022, Justice Sandeep Sharma ordered the government to return Rs 280 crore to Adani Power within two months.
After two months, nine percent interest will be charged on this amount. But the government did not return this amount to Adani Power and filed a stay application in the court, as well as challenging this decision. On the other hand, Adani Power has to pay the interest from 2008 .
The application has been given in the court. All the applications of Adani and the government are still pending.
In 2008, Adani Power had deposited this upfront money on behalf of Brakel . Legal experts believe that according to law, Adani Power should have demanded this amount from Brakel.
Previous Jairam government had lost the matter and Adani Power won the case before the single bench court again challenged for review before the division bench of high court.
