Andhra Pradesh High Court - Amravati
M/S Mytrah Energy India Private ... vs Southern Power Distribution ... on 21 April, 2023
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lN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATl
.(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE TWENTY FIRST DAY OF APRIL
TWO THOUSAND AND TWENTY THREE
: PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPTI
WRIT PETITION NO.I 20285 OF 2019,
Between:
1. M/s Mytrah Energy (India) Private Limited, having its registered office at 8th
Floor, Q City, Survey No. 109, Gachibowli, Nanakramguda Village,
Serilingampally Mandal, Hyderabadl Telangana-500032 Represented by its
Authorized Representative, Mr. S. Nagarajuna Reddy
2. M/s Mytrah Vayu (Indravati) Private Limited, having its registered office at 8th
Floor, Q City, Survey No. 109, Gachibowli, Nanakramguda Village,
Serilingampally Mandal, Hyderabad, Telangana-500032 Represented by its
Authorized Representatl've, Mr. S. Nagarajuna Reddy
3. M/s Mytrah Vayu (Tungabhadra) Private Limited, having its registered office at
8th Floor, Q City, Survey No. 109, Gachibowli, Nanakramguda Village,
Serilingampally MandaI, Hyderabad, Telangana-500032 Represented by its
Authorized Representative, Mr. S. Nagarajuna Reddy
Petitioners
(Petitioners in WP. No. 20285 of 2021
on the file of Hl'gh Court)
AND
1. Southern Power Distribution Company of Andhra Pradesh Ltd, Represented
by its Chairman and Managing Director #19-13-65/A, Srinivasapuram,
Tiruchanoor Road, Tirupati -517503
2. Union of India, Represented by its Secretary, Ministry of New and Renewable
Energy, Block-14, CGO Complex, Lodhi Road, New Delhi -110003
3. Central Electricity Authority, Represented by its Chairperson Sewa Bhawan,
R. K. Puram, Sector-1, New Delhi -110 066
4. Reserve Bank of India, Represented by its Secretary, Department of Banking
Regulation, Office at central Office, 12th Floor, Shahid Bhagat Singh Marg,
Fort, Mumbai, Maharashtra -400001
5. Power Finance Corporation Ltd., Represented by its General Manager,
'Urjanidhi',1, Barakhamba Lane, Connaught Place, New Delhi-110 001
6. YES Bank Limited, Represented by its Manager, Ground Floor, Mayank
Towers, Rajbhavan Road, Somajiguda, Hyderabad-500082
7. Asian Development Bank, Represented by its Manager, 4, San Martin Marg,
Chanakyapuri, New Delhi - 110000
(Respondent No.7 deleted for the array of the parties in writ petition vide
order dt. 01.09.2021 in IA. No. 2/2020 in WP.No. 20285 OF 2019 in the
petitioners and affidavit)
Respondents
(Respondents -in-do-)
petition under Article 226 of the Constitution of India iS filed Praying that in
the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue.
(i)writ, order or direction in the nature of Mandamus directing the Respondent
No.1, i.e., APSPDCL to make payment of an amount Of Rs. 97.38 Crores to
the petitioner No. 2 and Rs.174.38 Crores to the Petitioner No. 3 under the
respective Mytrah PPAs (including late payment Surcharge) aS Per this
Hon'ble Courf's judgment dated 24.09.2019 in WP No. 10244/2019, at the
inter|lm rate of Rs. 2.43/-per unit within a period Of 7 days from the date Of the
order, without prejudice to the rights and contentions of the Petitioners under
law, PPA, equity or otherwise.
(ii)direct the Respondents No. 5 to 7 to refrain from taking any PreCiPitatiVe
steps/actions against the petit'loners in relation to their respective loan
facilities extended to the Petitioner Companies till APSPDCL makes payment
of the outstanding dues to the petitioner Companies in terms of prayer (i)
above.
(iii)declare that the statutory period of 90 days for declaring an account aS
NPA under the RBI Master Circular dated 01.07.2015 shall commence after
the subject matter of O.P. No.17 of 2019 is finally decided.
lANO: 1 OF2019:
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
restrain the Respondents from taking any coercive action against the Petitioners,
pending disposal of WP No. 20285 of 2019 on the file of the High Court.
The petition coming on for hearing, upon PeruS.lng the Petition and affidavit
filed therein and the order of the High Court dated.12-12-2019, 26-12-2019, 07-01-
2020, 19-02-2020 ) 12-03-202011.9.2021, 29.09.2021126.10.2021110.ll.2021l
22.ll.2021 6.12.20211 13.12.20211 3.01.2022l 25.1.2022 117.02.20221
ll.3.2022,07.04.2022, 06.05.2022. 24.06.2022 18.08.20221 29.09.2022l
18.ll.2022) 06.01.2023120.03.2023 & 04.04. ade in WP. No. 20285 of 2019
and upon hearing the arguments of Sri P.Vikram, Advocate for the Petitioners, Sri
Y.Nagi Reddy, Advocate for the Respondent No.1 and of Sri N. Harinath, Asst.
solicitor General for the Respondent No.2 , Sri Krishna Rao Mannam Advocate for
Respondent No.4 Sri Av'lnash Desai, Advocate for Respondent No.6, ,Sri. K. B.
Ramanna Dora counsel for the Respondent No. 8 the Court made the following.
ORDER:
flsri p.vikram, learned counsel for the petitioners, Sri V.R.Reddy
Kovvuri, learned Standing Counsel for APCPDCL, Sri K.B.Ramanna Dora,
learned Assistant Solicitor General of India, Sri Avinash Desai, M.Venkata
Krishna Rao, Venkat Challa, learned counsel for the respondents COIIectively
requested time.
¢
At their request, post on 15.06.2023
Interim order granted earlier is extended till then"
SD/- P.V.RAMANA
JOINT
/ITRUE COPY//
OFFICER
TO
1. One CC to Sri P.Vikram, Advocate (OPUC)
2. Two cos to Sri N. Harinath, (Deputy. Solicitor General, High Court, A.P.
3. One CC to Sri Y.Nagi Reddy, Advocate (OPUC)
4. One CC to Sri Avl'nash Desai, Advocate (OPUC
5. One CC to Sri K. B. Ramanna Dora, Advocate (OPUC)
6. One CC to Sri Krishna Rao Mannam Advocate (OPUC)
7. The Section officer, posting section, High Court ofA.P.
8. Onesparecopy
\ ~tt, ..-.....
HIGH COUR
RCJ/
DATED: 21.04
POST ON 15.06.
WRIT PETITION NO 20 #of 2019
INTERIM ORDER
