M/S. Cosy World Resorts Ltd. v. The Ap Eastern Power Distribution Company Ltd.
IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** W.A.No.286 OF 2015 Between:
M/s Cosy World Resorts Ltd., Rep. by its Managing Director, M.V.Sasidhar, Kakinada, East Godavari District ....Appellant A n d The A.P. Eastern Power Distribution Company Ltd., Visakhapatnam, Rep. by its Superintending Engineering, Rajahmundry and others ....Respondents DATE OF JUDGMENT PRONOUNCED: 11.08.2015 SUBMITTED FOR APPROVAL:
HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?
3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?
HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT
W.A.No.286 OF 2015 PC: (Per the Hon'ble Sri Justice S.V.Bhatt) Heard learned counsel for the appellant and Mr.M.Ravindra, learned Standing Counsel appearing for the respondents. Through order dated 17.06.2015, we have directed the appellant thus:
"Heard learned counsel for the parties.
Mr.B.S.Kartik, learned counsel for the appellant, on instructions, submits that the appellant shall deposit the balance amount of Rs.5,35,228/-, without prejudice to its rights and contentions in the writ appeal, with the concerned respondent, within a period of four (4) weeks from today. His statement is recorded and accepted. Writ appeal to come up for further hearing on 15.07.2015."
At the time of hearing, learned counsel for the appellant submits that the appellant has taken demand draft for a sum of Rs.5,35,228/- and has handed over the demand draft to respondents 1 and 2 herein. The learned Standing Counsel appearing for respondents 1 and 2 admits receipt of the instant demand draft. Receipt of balance amount due and payable under the impugned proceedings records full satisfaction of the amount claimed through impugned proceedings. Hence, the grievance in the writ appeal is purely academic and does not survive for consideration.
The learned Standing Counsel in reply to another submission of learned counsel for the appellant states that with the receipt of Rs.5,35,228/-, the subject demand for all purposes is satisfied and the apprehension of recovering interest for delayed payment is not correct. The submission is placed on record.
With the above observation, the writ appeal is dismissed.
Consequently, miscellaneous petitions, if any pending, also stand disposed of.
_____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 11.08.2015 Stp/Lrkm