The Telangana State Southern ... vs M/S. Kranthi Edifice P Limited.

Citation : 2021 Latest Caselaw 3004 Tel
Judgement Date : 26 October, 2021

Telangana High Court
The Telangana State Southern ... vs M/S. Kranthi Edifice P Limited. on 26 October, 2021
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
    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