The Telangana State Southern ... vs M/S. Kranthi Edifice P Limited.
2021 Latest Caselaw 3004 Tel

    THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
           THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



              WRIT APPEAL Nos.99 and 358 of 2021


COMMON JUDGMENT:         (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


       The    present    appeals         have       been        filed      by        the

Telangana        State      Southern              Power            Distribution

Corporation Limited being aggrieved by the order dated

27.04.2020 in W.P.No.3542 of 2020 and the order dated

09.09.2020 in I.A.No.2 of 2020 in W.P.No.3542 of 2020

passed by the learned Single Judge.


       The undisputed facts reveal that the respondent

No.1 - M/s. Kranthi Edifice (P) Limited, has entered into

a Power Purchase Agreement with the appellants'

Distribution Company and a dispute arose between the

parties. The matter was adjudicated by the Telangana

State Electricity Regulatory Commission and an order

was passed on 18.12.2018 in O.P.No.65 of 2018. The

present appellants did prefer an appeal before the

Appellate Authority i.e., Appellate Tribunal for Electricity.

However, the appeal was dismissed in default. The

respondent No.1 has preferred a writ petition before this

Court for enforcement of the order passed by the

Telangana State Electricity Regulatory Commission and

this Court has finally passed the orders, which are

impugned in the present appeals directing the appellants

to consider the case of the respondent No.1. However,

while all this was going on, the appeal was restored to its

original number and the undisputed facts reveal that the

appeal is pending as on date. Meaning thereby, the

validity of the order passed by the Telangana State

Electricity Regulatory Commission is the subject matter

of the appeal.

In the considered opinion of this Court, the

appellants cannot consider the issue on merits as

directed by this Court, as the appeal is pending before

the Appellate Authority and, therefore, without averting

to the merits of the case, the present appeals are

disposed of with liberty to the parties to ventilate their

grievance before the appellate forum. It is needless to

mention that any observations made by the learned

Single Judge as well as this Court will not come in the

way of the Appellate Authority while deciding the appeal

on merits. The Appellate Authority is also requested to

decide the appeal as expeditiously as possible, preferably,

within a period of three months from the date of receipt

of a certified copy of this order.

The miscellaneous applications pending in these

appeals, if any, shall stand closed. There shall be no

order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 26.10.2021 vs