Dalmia Cement Bharat Limited vs The Southern Power Distribution ...
2021 Latest Caselaw 1275 AP

         IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

      HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                &
              HON'BLE Mr. JUSTICE C. PRAVEEN KUMAR

                      WRIT APPEAL No.110 of 2021

                      (Through video conferencing)

Dalmia Cement (Bharat) Limited, a company
within the meaning of Companies Act, 1956,
having its registered office at Dalmiapuram,
Tiruchirapalli District, Tamil Nadu-621 651 and
having its manufacturing unit at Chinnakomerla (v)
Mylavaram mandal, Kadapa District-516434, rep. by
its Director Mr.T.Venkatesan                                    ... Appellant

                                  Versus

The Southern Power Distribution Company of
Andhra Pradesh Limited, Operation Circle,
19-13-65/A, Srinivasapuram, Tiruchanoor
Road, Tirupati-517 503, Chittoor, A.P. and others             ... Respondents

Counsel for the appellant           :      Mr. P. Badrinath

Counsel for respondents             :      Mr. Y. Nagi Reddy. Stg. Counsel

                            JUDGMENT (ORAL)

Dt:02.03.2021

(ARUP KUMAR GOSWAMI, CJ)

We have heard Mr. P. Badrinath, learned counsel for the appellant

and also Mr. Y. Nagi Reddy, learned standing counsel for the respondents.

This appeal is preferred against an order dated 19.02.2021 passed in

I.A.No.1 of 2021 in W.P.No.4078 of 2021, whereby, while granting interim

stay of all further proceedings pursuant to an impugned notice dated

19.12.2020 demanding Rs.82,84,781/- towards balance dispute amount in

respect of alleged short assessment of petitioner's HT No.165 and

surcharge on the balance amount, which is disputed in a Writ Petition

being W.P.No.15900 of 2020, also provided that respondents therein,

HCJ & CPKJ W.A.No.110 of 2021

would, however, be at liberty to adjust the alleged arrears payable by the

appellant/writ petitioner from the security deposit available with them,

without prejudice to the rights and contentions raised in the Writ Petition.

In the impugned order itself, there is a reference to W.P.No.15900

of 2009. In the order, it is also noted as follows:

"...The above writ petition is pending for adjudication.

Now the present impugned notice is issued stating that the

respondents filed vacate stay petition on 05.10.2009 in

W.P.No.15900 of 2009 and the same was disposed of on

02.12.2014 and demanded the petitioner to pay the balance

dispute amount of Rs.37,33,350/- along with surcharges on

balance disputed amount of Rs.45,51,481/- upto 11/2020,

within 15 days otherwise service will be disconnected

without further notice besides adjusting the due amounts

from the security deposit."

Mr. Y. Nagi Reddy, learned standing counsel for the respondents,

submits that respondents proceeded on an erroneous assumption that the

application submitted by the respondents for vacating the stay petition

was disposed of, whereas the same was actually not disposed of and, as

such, respondents will not proceed with the notice dated 19.12.2020.

In view of the above submission, we set aside the order of the

learned single Judge and direct that respondents shall not adjust the

arrears payable by the appellant/writ petitioner from the security deposit

available with them. We also reiterate that there shall be interim stay of

all further proceedings pursuant to the notice dated 19.12.2020 which is

impugned in the Writ Petition, till disposal of the Writ Petition.

HCJ & CPKJ W.A.No.110 of 2021

Accordingly, the Writ Appeal is allowed and disposed of. No order as

to costs.

Pending miscellaneous applications, if any, shall stand disposed of.

ARUP KUMAR GOSWAMI, CJ                               C. PRAVEEN KUMAR, J
MRR