Andhra Pradesh High Court - Amravati
M/S Aparna Enterprises Ltd., vs Eastern Power Distribution ... on 21 May, 2021
Bench: Lalitha Kanneganti
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV AEs
FRIDAY, THE TWENTY FIRST DAY OF MAY.
" TWO THOUSAND AND TWENTY ONE °
: PRESENT: Se
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI Re
IA No. 1 OF 2021 -
. IN _
WP NO: 10440 OF 2021 ~~
Between:
M/s Aparna Enterprises Ltd., A Company incorporated under the Companies Act,
- 1956, Having its Corporate office at sy.no.912,913,914, ADB Road, Beside Ruchi
Oils: Peddapuram, East Godavari District, Andhra Pradesh Rept. by its Senior
Manager.
...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, Seethamenadhara,
Visakhapatnam, Andhra' Pradesh 530001
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; Répresented by its Managing Director.
...Respondents
Counsel for the Petitioner 'Mis Indus Law Firm
Counsel for the Respondent N Nos.1 & 2:Sri Metta Chandra Sekhara Rao, Standing»
Counsel - a a.
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 RJY 1341 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. 10440 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.RJY 1341 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
a
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 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 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 37 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.RJY
1341 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.DIWAKAR J
DEPUTY REGISTRAR
ITTRUE COPY//
fF SECTION OFFICER '
t
Dou
. Managing Director, Eastern Power Distribution Company of Andhra Pradesh:
'Limited, Balayya Sastri Layout, Seethammadhara, Visakhapatnam, Andhra
Pradesh 530001. '
. Senior Accounts Officer, Operation Circle Eastern Power Distribution Company
of Andhra Pradesh Limited, Balayya Sastri Layout, Seethamenadhara,
«Visakhapatnam, Andhra Pradesh 530001
. 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.(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
, : NG rn
LO ot) gf
"
WP.No.10440 of 2021
INTERIM DIRECTION
