Andhra Pradesh High Court - Amravati
M/S Chowdary Spinners Private ... vs Eastern Power Distribution ... on 21 May, 2021
Bench: Lalitha Kanneganti
IN THE HIGH COURT OF ANDHRA. PRADESH AT AMARA ae
FRIDAY, THE TWENTY FIRST DAY OF MAY,
TWO THOUSAND AND TWENTY ONE ~~
. tPRESENT: Bpeey
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ©
~IANo. 1 OF 2024 ~~
WP NO: 10442 OF 2021." -
Between:
M/s Chowdary Spinners Private Lid., A Company incorporated under the Companies
Act, 1956 Having its Corporate office at 1-168, Chivatam- 934216, West Godavari"
District, Andhra Pradesh Rept. by its Managing Director. -
...Petitioner
\ co - (Petitioner in WP 10442 OF 2021
_ on the file of High Court)
AND
1. Eastern Power Distribution Company of Andhra Pradesh Limited, Rept. by its
Managing Director Balayya Sastri Layout, Seethammadhara, Visakhapatnam,
Andhra Pradesh 530001.
2. Senior Accounts Officer, Operation Circle Eastern Power Distribution Compan
of Andhra Pradesh Limited Balayya Sastri Layout, Seethammadhara,
Visakhapatnam, Andhra Pradesh 530001 ,
3. M/s. Andhra Pradesh Gas Power Corporation Ltd., Having its registered o office at
+4201, My Home, Sarovar Plaza, Near Secretariat, Saifabad, Hyderabad, Andhira
Pradesh, Represented by its Managing Director.
...Respondents
(Respondents in-do-)
Counsel for the Petitioner : oo M/s INDUS LAW FIRM
Counsel for the Respondent Nos. 1 & 2:SRI METTA CHANDRA SEKHARA RAO
_ STANDING COUNSEL
'Petition under Section 154 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.ELR 339 on the ground of non-payment of the dues pertaining to
the power generated by the 3 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.10442 of 2021, on the file of the High Court. -
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.ELR 339 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-! 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 in spite of interim order passed by this Court
on 22.01.2021, 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. oe
; 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 Metta Chandra Sekhara Rao, 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 doesnot 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 Agreeement. 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.ELR
339 on the grolind 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/- V.DIWAKAR /
DEPUTY REGISTR
If{TRUE COPY//
For SECTION OFFICER
To,
1. The Managing Director, Eastern Power Distribution Company of Andhra Pradesh
Limited, Balayya Sastri Layout, Seethammadhara, Visakhapatnam, Andhra
Pradesh 530001. .
2. The Senior Accounts Officer, Operation Circle Eastern Power Distribution
Company of Andhra Pradesh Limited Balayya Sastri Layout, Seethammadhara,
Visakhapatnam, Andhra Pradesh 530001
3. The Managing Director, M/s. Andhra Pradesh Gas Power Corporation Ltd.,
Having its registered office at™01, My Home, Sarovar Plaza, Near Secretariat,
Saifabad, Hyderabad, Andhra Pradesh. (Addresses 1 to 3 By RPAD)
4. One CC to M/s Indus Law Firm [OPUC]
5. One CC to Metta Chandra Sekhara Rao, Standing Counsel [OPUC]
6. One spare copy
MM
HIGH COURT
'LKJ
DATED:21/05/2021
ORDER
IA No. 1 OF 2021
IN
WP NO: 10442 OF 2021
INTERIM DIRECTION
