M/S Super Spinning Mills vs Southern Power Distribution ...
2021 Latest Caselaw 1922 AP

   
 
 

ee
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT TI
FRIDAY, THE TWENTY FIRST DAY OF MAY,
TWO THOUSAND AND TWENTY ONE eee" AP
: PRESENT: Se
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI "7 wa

IA No. 1 OF 2021
IN
WP NO: 10444 OF 2021 --
Between:

M/s Super Spinning Mills, A Company incorporated under the Companies Act 1956.
Having its Corporate office at, Unit-B, Kutnur Post, Hindupur-515 213, Anantapur
District, Andhra Pradesh, Rept. by its Manager Accounts and Administration.

. Petitioner

AND

1. Southern Power Distribution Company of Andhra Pradesh Limited, Rep. by its
Managing Director 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati: -

517503 Chittoor District, Andhra Pradesh
2. Senior Accounts Officer (Operations), Southern Power Distribution Company of
Andhra Pradesh limited JNTU Engg. College Road Anantapur, Anantapur District
3. M/s. Andhra Pradesh Gas Power Corporation Ltd., Having its registered office at
#201, My Home, Sarovar Plaza, Near Secretariat, Saifabad, Hyderabad.

~ Represented by its Managing Director

...Respondents

Counsel for the Petitioner: Sri V.R.N.Prashanth

Counsel for the Respondent No.1 & 2: SRI Y NAGI REDDY, Standing Counsel

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ 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.ATP 026 on the ground of non-payment of thé 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.10444 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). ~
The Court made the following
ORDER

"This writ petition is filed questioning the action of respondents 1 and 2 in not giving credit to the power generated by the 3rd respondent and threatening the petitioner with disconnection of power supply to the petitioner's service . connection No.ATP 026 on the ground of non-payment of the dues pertaining to the power generated by the 3rd respondent as illegal and arbitrary.

Sri V.R.N.Prashanth, learned counsel appearing on behalf of the petitioner submits that earlier the 3rd 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.

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 3rd 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 3rd 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 3rd 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 3rd 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 3rd 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 3rd 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 026 on the ground of non-payment of the dues pertaining to power generated by . the 3rd respondent and also the respondents 1 and 2 shall not exclude the power supplied by the 3rd respondent to the petitioner in future HT Bills until further orders.

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

- aa

Sd/-K.TataRao Y , ASSISTANT REGISTRAR TRUE COPY// Py SECTION OFFICER

To,

SP

NO oa -s

. The Managing Director, Southern Power Distribution Company of Andhra

Pradesh Limited, 19-13-65/A, Srinivasapuram, Tiruchanoor Road,Tirupati - 517503 Chittoor District, Andhra Pradesh

Senior Accounts Officer (Operations), Southern Power Distribution Company of Andhra Pradesh limited JNTU Engg. College Road Anantapur, Anantapur District 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. (1 to 3 By RPAD)

One CC to M/s Indus Law Firm, Advocate [OPUC]

Two CCs.to GP for Energy, High Court of Andhra Pradesh. [OUT]

One CC to Sri Y Nagi Reddy, Standing Counsel [OPUC]

One spare copy

_ HIGH COURT

LKJ

DATED: 21/05/2021

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

ORDER

IA No. 1 OF 2021 IN WP.No.10444 of 2021

INTERIM DIRECTION