MSEB counsel T R Andhyarujina today argued before the division bench of Chief Justice M B Shah and Justice S Radhkrishnan that in view of earlier court orders, nothing survived in the petition. Khanvilkar had alleged the Deputy Chief Minister Gopinath Munde, who also holds the Energy portfolio, was hand-in-glove with the board chairman P L Gajralwar and three other board members in the matter of awarding this contract. The court had on September 1 admitted the petition but allowed Power Plant Performance Improvement Ltd to proceed with retrofitting of turbines in seven units. Later, the court also directed the board to call for fresh tenders in respect of other turbines.

But counsel for petitioners, Srihari Ane and A AKumbhakoni, today argued that if lesser rates were quoted in the fresh tenders for retrofitting of the board's seven turbines, it has to be determined how the losses occurred in respect of other turbines whose contract had been awarded to PPPIL. Besides, those responsible for the losses should be held accountable, claimed the petitioners, adding that MSEB will have to tell the court as to what were the ``considerations'' for awarding the contract to PPPIL. The bench adjourned the matter to January 23, 1999 for final hearing.