Andhra Pradesh High Court - Amravati
M/S Maharshi Alloys Pvt Limited vs Andhra Pradesh Southernpower ... on 18 May, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATT ce
TUESDAY, THE EIGHTEENTH DAY OF MAY, TWO THOUSAND AND TWENTY
; :PRESENT: "
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
IA No. 1 OF 2021
- IN.
WP NO: 10184 OF 2021 .
Between:
ius Maharshi Alloys Pvt Limited, A Company incorporated under the Companies Act,
956 Having its Registered office at, No.3, 3rd Cross, Mysore Road, Bangalore - 560091
Rep. by its Director
.. Petitioner
AND
1. Andhra Pradesh Southern Power Distribution Corporation limited, Rep. by its Managing
Director 19-13-65/A, Srinivasapuram Tiruchanoor Road, Tirupati - 517503 Chittoor
District, Andhra Pradesh ;
2. Chief General Manager (FIN), Andhra Pradesh Southern Power Distribution Corporation
limited Srinivasapuram Tiruchanoor Road,Tirupati - 517503 Chittoor District, Andhra
Pradesh 5
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 the direct the respondents 1 and 2
not to disconnect the electricity power supply to the Petitioner's service connection No. ATP 031
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 34 respondent to
the Petitioner in future HT bills, pending disposal of WP No. 10184 of 2021, on the file of the
High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri V.R.N. Prashanth, Advocate for the
Petitioner and of Sri Y.Nagi Reddy, Advocate for the Respondents No. 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.ATP 031 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 i.e. 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.
gi
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 i.e. 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.ATP 031 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 34 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/-M.TataRao
/[TRUE COPY// ASSISTANT REGISTRAR
For SECTION UFFICER
To, .
nae
MSR
. The Managing Director, Andhra Pradesh Southern Power Distribution Corporation
limited, 19-13-65/A, Srinivasapuram Tiruchanoor Road,Tirupati - 517503 Chittoor
District, Andhra Pradesh( By RPAD)
The Chief General Manager (FIN), Andhra Pradesh Southern Power Distribution
Corporation limited, Srinivasapuram, Tiruchanoor Road, Tirupati - 517503 Chittoor
- District, Andhra Pradesh( 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
TA NO. 1 OF 2021
IN
WP.NO.10184 OF 2021
INTERIM DIRECTION
