Delhi HC puts ‘over-invoicing’ probe on hold pending Supreme Court matter

New Delhi: The Delhi High Court has kept in abeyance its order directing the Central Bureau of Investigation (CBI) and the Directorate of Revenue Intelligence (DRI) to investigate allegations of over-invoicing of imports by the Adani Group and other power companies.

The bench, headed by Justices Suresh Kumar Kait and Neena Bansal Krishna, decided to keep the December 19, 2023 directions in abeyance until the resolution of a related petition before the Supreme Court.

“In view of the fact that review petition preferred by the department is subjudice before the Hon'ble Supreme Court; the directions passed by this court in para 52 of judgment dated 19.12.2023 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 court said.

The court had earlier instructed the investigative agencies to probe over-invoicing claims involving various power companies, including Adani and Essar Group, to ascertain the facts and take appropriate action.

Adani Power Limited filed an application presenting a Supreme Court order dismissing an appeal by the Commissioner of Customs (Import) against Adani Power Maharashtra Limited. The court, however, acknowledged the ongoing review petition filed by the customs department, leading to the decision to suspend its directions.

The high court's December order originated from petitions filed in 2017 by the Centre for Public Interest Litigation (CPIL) and social activist Harsh Mander. The petitions referred to show cause notices by the DRI, alleging over-valuation of imported goods by corporate giants like Adani and Essar, potentially syphoning money abroad.

While the court recognised the complexity of the investigation due to multiple stages and countries involved, it stressed the need for expeditious completion.

The CBI informed the court about the registration of cases against erring companies, with preliminary inquiries concluded and investigations in progress.