THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL Nos.99 and 358 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeals have been filed by the
Telangana State Southern Power Distribution
Corporation Limited being aggrieved by the order dated
27.04.2020 in W.P.No.3542 of 2020 and the order dated
09.09.2020 in I.A.No.2 of 2020 in W.P.No.3542 of 2020
passed by the learned Single Judge.
The undisputed facts reveal that the respondent
No.1 - M/s. Kranthi Edifice (P) Limited, has entered into a Power Purchase Agreement with the appellants' Distribution Company and a dispute arose between the parties. The matter was adjudicated by the Telangana State Electricity Regulatory Commission and an order was passed on 18.12.2018 in O.P.No.65 of 2018. The present appellants did prefer an appeal before the Appellate Authority i.e., Appellate Tribunal for Electricity. However, the appeal was dismissed in default. The respondent No.1 has preferred a writ petition before this Court for enforcement of the order passed by the Telangana State Electricity Regulatory Commission and 2 this Court has finally passed the orders, which are impugned in the present appeals directing the appellants to consider the case of the respondent No.1. However, while all this was going on, the appeal was restored to its original number and the undisputed facts reveal that the appeal is pending as on date. Meaning thereby, the validity of the order passed by the Telangana State Electricity Regulatory Commission is the subject matter of the appeal.
In the considered opinion of this Court, the appellants cannot consider the issue on merits as directed by this Court, as the appeal is pending before the Appellate Authority and, therefore, without averting to the merits of the case, the present appeals are disposed of with liberty to the parties to ventilate their grievance before the appellate forum. It is needless to mention that any observations made by the learned Single Judge as well as this Court will not come in the way of the Appellate Authority while deciding the appeal on merits. The Appellate Authority is also requested to decide the appeal as expeditiously as possible, preferably, within a period of three months from the date of receipt of a certified copy of this order.
3
The miscellaneous applications pending in these appeals, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 26.10.2021 vs