Ellenbarrie Industrial Gases Limited, v. The Chairman And Managing Director,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.18358 of 2012 Dated 25th June, 2015 Between:

Ellenbarrie Industrial Gasses Limited

...Petitioner

And The Chairman and Managing Director, A.P.Eastern Power Distribution Company, Seethammadhara, Visakhapatnam and others

...Respondents

Counsel for the petitioner: Sri C.Vikram Chandra Counsel for respondent Nos.1 & 2: Sri P.Anand Seshu Counsel for respondent Nos.3 & 4: Sri Srinivasa Rao P. The Court made the following:

ORDER:

This writ petition is filed for the following substantive relief: "...to issue an order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the second respondent i.e., The Superintending Engineer, Operation Circle, A.P.E.P.D.C.Ltd., Visakhapatnam in issuing Lr.No.SE/O/SAO/JAO/HT/ACD/ DNO.Spl, dated 21.05.2012 as arbitrary, illegal and is violative of Art.14 & Art.19(g) of the Constitution of India and consequently direct the respondents to convert the existing security deposit amount of Rs.2,15,53,000/- in the form of Bank Guarantee by returning the existing security deposit amount to the petitioner company which is available as Consumption Deposit with the respondents."

At the hearing, it is represented by Sri C.Vikram Chandra, learned counsel for the petitioner, that the cause in the writ petition does not survive for adjudication.

Accordingly, the writ petition is dismissed as infructuous.

As a sequel to dismissal of the writ petition, interim order, dated 21.06.2012, shall stand vacated and W.P.M.P.Nos.23511/12 & 27319/13 and W.V.M.P.No.3300 of 2013 shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J 25th June, 2015 VGB