Andhra Pradesh High Court - Amravati

M/S Kusalava International ... vs Andhra Pradesh Central Power ... on 18 May, 2021

we
ee ONTOS SRESENT: © THOUSAND AND TWENTE GSS

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI | .

:PRESENT: lek

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

TA No. 1 OF 2021
IN.
WP NO: 10205 OF 2021
Between: . . . co
M/s Kusalava International Limited, A Company incorporated under the Companies Act,
1956 Having its Corporate office at 40-2-16, Chukkapallivari Street, Labbipet, Bandar
'Road: Vijayawada, Krishna. District, Andhra Pradesh:-. Rep. by its Director, Shri.
_.Arekapudi Radhakrishna Chowdary

...Petitioner
AND

1. 'Andhra Pradesh Central Power Distribution Corporation limited, Rep. by its Managing,

Director Dr. YSR Vidyuthsoudha Corporate Office Beside Govt. Polytechnic College IVI
- Road, Vijayawada. Bo co,

2. Chief General Manager (FIN), Andhra Pradesh Central Power Distribution Corporation
limited Dr. YSR Vidyuthsoudha Corporate office Beside Govt. Polytechnic College ITI
Road, Vijayawada.

3. M/s. Andhra Pradesh Gas Power Corporation Ltd.,, Having its registered office at 201,
My Home, Sarovar Plaza, Near Secretariat, Saifabad, Hyderabad, Andhra Pradesh,
Represented by its Managing Director
. ..Respondents

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit
filed in support of the petition, the High Court may be pleased to direct the Respondents 1 and 2
not to disconnect the electricity power supply to the Petitioner's service connection No. VJA505
and VJA 599 on the ground of non-payment of the dues pertaining to the power generated by the
3rd respondent and further: restrain them from excluding. the power. supplied by the 3"
respondent to the Petitioner in future HT bills, pending disposal of WP No. 10205 of 2021, on
the file of the High Court. ae - CO

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof 'aiid upon hearing the 'arguments of Sri V.R.N.Prashanth, Advocate for the
Petitioner and of Sri Y.Nagireddy, Standing Counsel for the Respondents 1 & 2, the court while
directing issue of notice to the Respondents herein to show cause as to why this application
should not be complied with, made the following order: (The receipt of this order will be deemed
to be the receipt of notice in the case).

ORDER

"This writ petition is filed questioning the action of respondents 1 and 2 in not giving credit to the power generated by the 3" respondent and threatening the petitioner with disconnection of power supply to the petitioner's service connection No.VJA 505 and VJA 599 on the ground of non-payment of the dues pertaining to the power generated by the 3° respondent as illegal and arbitrary.

Sri V.R.N.Prashanth, learned counsel appearing on behalf of the petitioner submits that earlier the 3"¢ respondent herein icc. APGPCL has filed W.P.No. 1521 of 2021 questioning the action of respondent in billing their shareholders at their rates in respect of the power generated by petitioner therein and supplied to their shareholders. He submits that this Court by order dated 22.01.2021 has passed an interim order directing the respondents to give credit to the electricity/power generated and supplied by the petitioner therein to their shareholders as per MOU-I dated 17.10.1988 and MOU-II dated 19.04.1997 in the CC bills raised by the respondents against the shareholders of the petitioner therein.

Learned counsel submits that this Court has passed the interim order on 22.01.2021 and the bill that was generated for the month of February i.e. on 05.02.2021, the 1° respondent did not give credit to the units generated and supplied by the 3" respondent, petitioner through a letter dated 19.02.2021 paid the amounts due to the respondents 1 and 2 by excluding the units of the 3"¢ respondent. But surprisingly the respondents are insisting the petitioner to pay the entire amount on the ground that the Open Access | 'Agreement was not entered with the Discoms. He submits that 3 respondent herein has earlier filed W.P.No.13182 of 2015 seeking a direction to the respondents not to insist the petitioner or other shareholders to enter into Long Term Open Access Agreement in terms of Regulation No.2 of 2005 and 2 of 2006, wherein an interim order was passed on 29.04.2015 directing the respondents not to take any further steps by means of stopping the discharge of energy subject to the condition of the petitioner paying wheeling charges, if

any due.

Learned counsel for the petitioner submits that in view of orders passed by this -

Court in W.P.No.13182 of 2015 and subsequent writ petition filed by the 3° respondent herein ice. W.P.No.1512 of 2021, the action of the respondents in insisting to pay the entire amount is in deliberate violation of the interim orders passed by this Court.

On the other hand, Sri Y.Nagireddy, learned Standing Counsel for respondents 1 and 2 submits that in view of judgment of the Apex Court in Civil Appeal No.4569 of 2003 dated 29.11.2019, the 3°¢ respondent has to enter into Open Access Agreement with Discom/AP Transco. However, learned standing counsel does not dispute the fact that there was an interim direction by this Court to the respondents not to insist the 3" respondent to enter into Open Access Agreement. He submits that they have already filed vacate stay petition in the W.P.No.1512 of 2021.

| Having heard the learned counsel on either side, this Court is of the view that until and unless the interim orders granted by this Court in the above writ petitions are vacated, the respondents cannot insist the 3" respondent to enter into Long Term Open Access Agreement and consequently, insist the petitioners to pay the entire bill amount without deducting the energy generated by the 3" respondent.

Hence, there shall be interim direction to the respondents 1 and 2 not to disconnect the electricity supply to the petitioner's service connection No.VJA 505 and VJA 599 on the ground of non-payment of the dues pertaining to power generated by the 3" respondent and also the respondents 1 and 2 shall not exclude the power supplied by the 3"¢ respondent to the petitioner in future HT Bills until further orders.

Post after Summer Vacation, 2021 along with W.P.No.1512 of 2021."

Sd/-. TataRao

//TRUE COPY// ASSISTANT REGISTRA

For SECTION OFFICER

To,

NWS

MSR

The Managing Director, Andhra Pradesh Central Power Distribution Corporation limited,

Dr. YSR Vidyuthsoudha Corporate Office, Beside Govt. Polytechnic College ITI Road, Vijayawada.( By RPAD)

The Chief General Manager (FIN), Andhra Pradesh Central Power Distribution Corporation limited, Dr. YSR Vidyuthsoudha Corporate office Beside Govt. Polytechnic College ITI Road, Vijayawada.( By RPAD)

The Managing Director, M/s. Andhra Pradesh Gas Power Corporation Ltd. Having its registered office at 201, My Home, Sarovar Plaza, Near Secretariat, Saifabad, "Hyderabad, Andhra Pradesh, (By RPAD)

One CC to SRI. M/S INDUS LAW FIRM Advocate [OPUC]

' One CC to SRI Y.Nagi Reddy, Advocate [OPUC]

One spare copy

HIGH COURT LKJ

DATED:18/05/2021

NOTE : POST AFTER SUMMER VACATION, 2021 ALONG WITH W.P.NO.1512 OF 2021."

ORDER IA NO. 1 OF 2021

IN WP.NO.10205 OF 2021

INTERIM DIRECTION