M/S Thatavarthi Apparels Ltd., vs Andhra Pradesh Central Power ...
2021 Latest Caselaw 1905 AP

Citation : 2021 Latest Caselaw 1905 AP
Judgement Date : 18 May, 2021

Andhra Pradesh High Court - Amravati

M/S Thatavarthi Apparels Ltd., vs Andhra Pradesh Central Power ... on 18 May, 2021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SS

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: 10220 OF 2021

Between: me , ,

M/s Thatavarthi Apparels Ltd., A Company incorporated under the Companies Act,

1956, Having its Registered office at # 40-14-1, Suryalakshmi Towers, 1st Cross Road,
Chandramoulipuram, Vij ayawada 520010 Rep. by its Finance Manager .
... Petitioner

AND

1. Andhra Pradesh Central Power Distribution Corporation limited, Rep. by its Managing
Director Dr. YSR Vidyuthsoudha Corporate Office Beside Govt. Polytechnic College IT!
Road, Vijayawada. an

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. Mls. 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, ! and 2
not to disconnect the electricity power supply to the Petitioner's service connection No. CRD
3098 pursuant to the Lr.No.CGM(Fin)/GM®/ SAO/R&IAAO-HT/AAO-HT/D.No.131 dated
28.04.2021 and further restrain them from excluding the power supplied by the 3rd respondent to
the Petitioner in future HT bills, pending disposal of WP No. 10220 of 2021, on the file of the
High Court. 7 Bp co

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, Standing Counsel for 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 issuing

the proceedings dated 28.04.2021, whereby the petitioner is directed to pay the entire bill

amount without deducting the APGPCL portion, sinc APGPCL could not enter into Open --

Access Agreement with Discom/AP Transco as per Open Access Regulations 2 of 2005 and 2 of 2006 issued by APERC.

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 32.01.2021 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 Le. on 05.02.2021 the {"

. 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 I and 2 by excluding the units of the 3" respondent. But surprisingly they received the proceedings dated 28.04.2021 which is impugned in the writ petition 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 34 respondent ' herein ie. Ww. P.No.1512 of 2021. The impugned proceedings are 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"4 respondent has to enter into Open Access Agreement with Discom/AP Transco and taking into consideration the judgment of the Apex Court, the

respondents have issued the present memo. 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 insistthe 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.CRD 3098 pursuant to Lr.No.CGM(Fin)/GM®/SAO/R& IAAO-HT/AAO-HT/D.No.131 dated 28.04.2021 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// Ph GISTRAR

For: SECTION OFFICER

To,

irector, Andhra Pradesh Central Power Distribution Corporation limited,

1. The Managing D Polytechnic College ITI Road,

Dr. YSR Vidyuthsoudha Corporate Office, Beside Govt. Vijayawada. (By RPAD)

2. The Chief General Manager (FIN), Andhra Pradesh Central Power Corporation limited, Dr. YSR Vidyuthsoudha Corporate office Besi

College ITI Road, Vijayawada. (By RPAD)

3. 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,