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Telangana High Court
Southern Power Distribution Company Of ... vs Carbon Resoufces Private Limited on 13 April, 2026
Author: P.Sam Koshy
Bench: P.Sam Koshy
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE NARSING RAO
NANDIKONDA
W.A.No.429 OF 2026
13.04.2026
Between:
Southern Power Distribution Company of
Telangana Limited (TSSPDCL), and another
...Appellants
AND
Carbon Resources Private Limited,
A Company incorporated under the
Companies At, 1956 and having its office
Saberwal House, 558, Mirza Galib Street,
3rd Floor, Kolkata, West Bengal 700016
Represented by its Authorised Signatory
Kaushik Ghosh & 5 others
...Respondents
ORDER:
(per Hon'ble Sri Justice P.Sam Koshy)
Heard Sri N. Sreedhar Reddy, learned Standing Counsel for
Southern Power Distribution Company of Telangana Limited
appearing for the appellant and Sri S.Ravi, learned Senior Counsel
representing Sri D. Narender Naik, learned counsel for respondent /
writ petitioner.
2. The present writ appeal has been filed aggrieved by the order
dated 31.03.2025 passed in W.P. No. 20405 of 2025.
3. The operative portion of the impugned order, for ready
reference, is reproduced hereunder:
"In the light of the above submissions, and considering
the urgency pleaded by the petitioner and the theft
incidents that have occurred earlier, the order dated
21.08.2025 is modified and the petitioner is permitted to
remove sheds, Pollution Box-1, furniture, electric motors
(Big-6, Small-3), boiler chimney, oxygen cylinders (17
Nos.), shed material (trusses, pillars), generators (2 Nos.
- Jackson), small generators (7 Nos.), PTR conservatory
tanks (6 Nos.), drums (with current oil) (9 Nos.), reactors
(9 Nos.), capacitor cells (9 boxes), electric control room
and control panels (17 Nos.), 220-watt batteries, electric
scrap and iron scrap, transformer 132/33 KV, 35/40
MVA (No.1), sealed wooden boxes (9 Nos.), CTs (11
Nos.), wooden box packaging, limbs (8 Nos.), insulators
(54 Nos.), godown with electric material and big motor,
old cables (3 lots), small cables (10 lots) and 132 KV/33
KV (7 lots), weighbridge and bridge room (1), blower
motors (5 Nos.), BI motors (1 No.), bolts and nuts (1
ton), steel material (1,000 mts), induction motor (180
HP), LAs (3 Nos.) with structure, CTs (132 KV) with
structure, PTs (3 Nos.) with structure, VCBs (3 Nos.),
post-type insulators (10 Nos.), 11 KV CTs (21 Nos.) and
33 KV CTs (37 Nos.), subject to the condition of the
petitioner furnishing a bank guarantee of Rs.7 crores as a
tentative arrangement in the name of Respondent No.5.
List the matter on 07.04.2026.
The bank guarantee so furnished by the petitioner shall
be deposited with the Registrar (Judicial-I), High Court
for the State of Telangana, and shall be subject to further
orders of this Court."
4. The learned Standing Counsel appearing for the appellants,
i.e., Southern Power Distribution Company of Telangana Limited,
submits that the plant and machinery which the respondent/writ
petitioner intends to remove from the subject property are worth
more than the bank guarantee ordered by the writ court. It is
contended that, if the order is acted upon and the writ petition is
ultimately dismissed, it would be difficult for the appellants (who
are the respondents before the writ court) to recover the
outstanding dues from the respondent/writ petitioner.
5. At this juncture, the learned Senior Counsel representing
Respondent No.1 / original writ petitioner has produced a valuation
chart before this Court, which, according to him, was prepared by
the appellants themselves. As per the said valuation, the value of
the properties seized by the appellants and permitted to be removed
by the writ court is Rs.11,83,39,074/- (Rupees Eleven Crores
Eighty-Three Lakhs Thirty-Nine Thousand and Seventy-Four
only).
6. In view of the said valuation arrived at by the appellants
themselves, this Court queried the learned Senior Counsel for
Respondent No.1 as to whether the respondent/writ petitioner
would be willing to furnish a bank guarantee in terms of the said
valuation.
7. On instructions, the learned Senior Counsel submits that
Respondent No.1/writ petitioner is ready and willing to furnish an
additional bank guarantee over and above the bank guarantee of
Rs.7,00,00,000/- (Rupees Seven Crores only) already directed by
the writ court.
8. Accordingly, Respondent No.1/writ petitioner shall furnish
an additional bank guarantee of Rs.5,00,00,000/- (Rupees Five
Crores only) within a period of one week from the date of receipt
of a copy of this order to the Registrar (Judicial). Upon furnishing
of the said additional bank guarantee, Respondent No.1/writ
petitioner shall be permitted to remove the plant and machinery as
ordered by the writ court on 31.03.2025.
9. The respondent/writ petitioner shall ensure that the bank
guarantee is kept alive and extended from time to time till the writ
petition is finally decided. A copy of the bank guarantee shall also
be furnished to the appellants.
10. Subject to the above modification, the order of the writ court
stand confirmed and appellants are directed to ensure the
implementation of the order by permitting the respondent No.1 to
remove the identified plants and machinery.
11. Accordingly, the writ appeal is disposed of.
Consequently, miscellaneous petitions pending, if any, shall
stand closed.
_____________________
P.SAM KOSHY, J
_________________________________
NARSING RAO NANDIKONDA, J
13.04.2026
AQS
