Sager Cements Ltd v. Southern Power Distribution Company Of Telangana Ltd And 2 Others
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
IVIONDAY ,THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT:
THE HONOURABLE SRI JUSTICE A.ABHISHEK REODY lA No. 1 OF 2020 rN/ WP NO: 22211 OF 2020 Between:
Sagar Cements Ltd, Plot No.111, Rd.No.'10, Jubilee Hills, Hyderabad-500033. Rep. by its Authorised Signatory Sri G. Ram Reddy, S/o. Venkata Appa Reddy, Aged about 60 years, R/0. Hyderabad, Unit at. Mattampally (V and M), Suryapet Dist., Telangana-508204. HT.Sc.No.SPT131 ... Petitioner (Petitioner inV',lP 22211 OF 2020 on the file of High Court) AND
1. Southern Power Distribution Company of Telangana Ltd and 2 others, represented by its Managing Director, #6-1-50, Mint Compound, Hyderabad500063. Represented by its Chairman and Managing Director
2. The Chief General Manager (Revenue), TSSPDCL, Corporate Office, Hyderabad.
3. M/s, Sagar Power Ltd, #8-226, Canal Road, Ravulapalem, East Godavari Dist. Andhra Pradesh -533238,
...Respondents
(Respondents in-do-) Counsel for the Petitioner :SRl CHALLA GUNARANJAN Counsel for the Respondents 1 & 2 :SRl R VINOD REDDY (S.C.) Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 1 and 2 not to take any coercive steps including that of disconnection of power supply of the Petitioner's service Connection number HT,SC.No.SPT'131, pursuant to the Letter No. LT.CGM(Rev)/GM(R/SAO(R/AO(HT)/AAO/ JAOi D.No.241 120, Dt.10111/2020, pending disposal of WP No. 22211 of 2020, on the file of the High Court.
. The court while directing issue of notice to the Respondents herein to show cause as to why this applieation should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). ORDER:
A learned Single Judge of this Court in LA.No.1 of 2020 in W.P.No.12372 of 2020, dated 10.08.2020, following the Division Bench Order in l.A.No.1 of 2020 in W.P.No.1 1735 of 2020, has granted interim orders on the ground that there is no privity of contract between the petitioner and the Superintending Engineer, Operation Circle, Suryapet, TSSPDCL/2.o respondent. The facts in the present case are also similar to the facts in the above mentioned writ petitions. ln view of the same, this Court is of the prima facie opinion that there is no privity of contract between the petitioner and the 2nd respondent, and there is no adjudication of the differential wheeling charges by any authority, and therefore, there shall be an interim direction, as prayed for. sd/- l(. vENI.-C.I/.tiI ASSIS'f Rtr s't R-n I{ //TRUE COPY// SECTION FFICER
To,
1. The Managing Director, Southern Power Distribution Company of Telangana Ltd, #6-1-50, Mint Compound, Hyderabad-500063. Represented by its Chairman and Managing Director
2. fhe Manager (Revenue), TSSPDCL, Corporate Office, Hvd
3. lV/s Lld, #8-226, Canal Road, Ravulapalem, East Godavari Dist. Andhra Pradesh -533238. (1 to 3 by rpad)
4. One CC to SRl. CHALLA GUNARANJAN Advocate IOPUCj
5. One spare copy
HIGH COURT AARJ DATED:0711212.020 tt s s'
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ORDER
a-\ IA.NO.1 0F 2020 IN WP.No.22211 OF 2020 INTERIM DIREC;TION