Andhra Pradesh High Court - Amravati
M/S Sri Dinakar Fabrics Pvt Ltd., vs Eastern Power Distribution ... on 21 May, 2021
Bench: Lalitha Kanneganti
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV AY:
FRIDAY, THE TWENTY FIRST DAY-OF MAY. ~ |
TWO THOUSAND AND TWENTY ONE ex
'PRESENT: Xs
. THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI Ss.
IA No. 1 OF 2021
IN
WP NO: 10432 OF 2021 --
Between: .
M/s Sri Dinakar Fabrics Pvt Ltd., A Company incorporated under the Companies
Act, 1956 Having its Corporate office at K. llindlaparru, Iragavaram Mandal,
West Godavari District, Andhra Pradesh. Rept. by its Accounts Officer.
...Petitioner
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 Company
of Andhra Pradesh Limited, Balayya Sastri Layout, Seethammadhara,
Visakhapatnam, Andhra Pradesh 530001. se
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
Counsel for the Petitioner :M/s Indus Law Firm
Counsel for the Respondent Nos.1 & 2: Sri Metta Chandra Sekhara Rao, Standing
Counsel... oo Do. : .
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: ELR 379 on the ground of non-payment of the dues pertaining to
the power generated by the 34 féspondent 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.10432 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 3" respondent and threatening
the petitioner with disconnection of power supply to the petitioner's service
connection No.ELR 379 on the ground of non-payment of the dues pertaining to
the power generated by the 3r respondent as illegal and arbitrary. | |
Sri V.R.N.Prashanth, learned counsel appearing on behalf of the petitioner
submits that earlier the 30 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 on
MOU-I dated 17.10.1988 and MOU- ll 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. .
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 3r
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 4 and 2 submits that in view of judgment of the Apex
Court in Civil Appeal No. 4569 of 2003 dated 29. 41. 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 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
379 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/- V. pacar /
., DEPUTY REGISTR
ITRUE COPYI/ Aie/
For, SECTION OFFICER
To,
WDou®
eh
. Managing Director, Eastern Power Distribution Company of Andhra Pradesh
Limited, Balayya Sastri Layout, Seethammadhara, Visakhapatnam, Andhra
Pradesh 5300071. .
. Senior Accounts Officer, Operation Circle, Eastern Power Distribution Company
of Andhra Pradesh Limited, Balayya Sastri Layout, Seethammadhara,
Visakhapatnam, Andhra Pradesh 5300071.
Managing Director, M/s. Andhra Pradesh Gas Power Corporation Ltd., Having its
registered office at201, My Home, Sarovar Plaza, Near Secretariat, Saifabad,
Hyderabad, Andhra Pradesh.(1 to 3 By RPAD)
One CC to M/s Indus Law Firm, Advocate [OPUC]
One CC to Sri Metta Chandra Sekhara Rao, Standing Counsel [OPUC]
One spare copy. .
HIGH COURT
LK,J
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.10432 of 2021
INTERIM DIRECTION
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