Supreme Court Agrees To Hear Adani Power’s Plea On ₹280 Crore Refund In Himachal Hydropower Case

The Supreme Court has agreed to hear a petition filed by Adani Power Limited concerning a ₹280 crore refund claim related to the 969 MW Jangi-Thopan hydropower project in Kinnaur district of Himachal Pradesh.

Senior advocate Kapil Sibal mentioned the plea before a bench headed by Justice MM Sundresh and requested an urgent hearing. The court listed the matter for hearing on 9 September.

Justice Sundresh acknowledged the request and confirmed that the court has noted the matter.

The dispute traces back to a decision by the Himachal Pradesh High Court, which overturned an earlier single-judge ruling that had directed the state to refund the ₹280 crore premium amount to Adani Power.

The division bench reversed this decision, prompting Adani to move the Supreme Court.

In its petition, Adani is seeking the return of ₹280.06 crore — an amount initially deposited by Brakel Corporation in connection with the hydropower project.

Adani claims that since it later took over the project, it is entitled to a refund of the premium along with interest.

Background of the Project

Authorities originally awarded the 969 MW Jangi-Thopan project to Brakel Corporation in 2007.

However, Brakel failed to deposit the agreed-upon advance premium and later declared bankruptcy.

The project was subsequently transferred to the Adani Group, which claims that it paid the premium on Brakel’s behalf.

In 2019, Adani Power filed a writ petition seeking the refund of ₹280.06 crore (inclusive of interest), citing Brakel’s earlier payment as the basis for its claim.

The Himachal Pradesh High Court held that Adani’s involvement in the project occurred through the ‘back door’ and that such entry violated the original contract terms.

The court also noted that the state government had not approved Adani’s role in the project and ruled that neither Adani nor Brakel deserved a refund of the premium.

It revealed that Brakel had submitted fraudulent documents to secure the project, voiding the original agreement.

After the High Court’s ruling, authorities cancelled the project tender.

The Supreme Court will decide on 9 September whether Adani Power can legally reclaim the disputed amount.

This case will impact future public-private partnerships in India’s energy and infrastructure sectors, especially in handling stalled or cancelled projects.

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