Mytrah Energy (India) Pvt Ltd v. Northern Power Distribution Company Of Telangana

[ 3300 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO:27072 OF 2022 Between:

1 . Mytrah Energy (lndia) Pvt Ltd, 8001, 8th Floor, Q City, Survey No 109, Nanakramguda, Gachibowli, Hyderabad - 500 081, Represented by its authorized signatory, Mr- Ramdev Bang S/o Omprakash Bang, aged about 38 years.

2. Mytah Abhinav Power Private Limited, 8001, 8th Floor, Q City, Survey No 109, Nanakramguda, Gachibowli, Hyderabad - 500 081, Represented by its authorized srgnatory, [t/r. Ramdev Bang S/o Omprakash Bang, aged about 38 years.

.....PETITIONERS AND 'I . Northern Power Distribution Company of Telangana, Represented by its Managing Director Nakkalagunta, Vidyut Bhavan, H.No 2-5-3112, Hanamkonda, Warangal District.

2. Southern Power Distribution Company of Telangana, Represented by its Managing Director 6-1-50, Mint Compound, Hyderabad, 500063.

3. Transmission Corporation of Telangana, Represented by its Joint Director, Vidyut Soudha, Khairathabad, Hyderabad 500082.

4. Union of lndia, Represented by its Secretary, Ivlinistry of New and Renewable Energy Block-14, CGO Complex, Lodhi Road, New Delhi- 1'10003.

5. Reserve Bank of lndia, Through its CGM and Secretary, Secretarys Department, 16th Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai-400001.

6. Central Electricity Authority, Represented by its Chairman Sewa Bhavan, R.K. Puram, New Delhi, '1 100666.

7. Punjab National Bank, Large Corporate Branch 8-2-672, Sufi Chambers, Road No- 1 , Banlara Hills, Hyderabad - 500034.

8. lndian Renewable Energy, Development Agency Limited (IREDA) 3rd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi- 110066, Delhi, lndia.

9. Tata Cleantech Capital Limited, (TCCIl) Forbes, DR. V.B. Gandhi Marg, Mumbai- 400001, Maharashtra, lndia Branch Office at. i-Think Techno Campus, A-Wing, 4th Floor, Off Pokhran Road 2, Thane (W)- 400607, Maharashtra, lndia.

10. lndia lnfrastructure Finance Company Limited, (lIFCL) 5th Ftoor, Block 2, Plate A and B, NBCC Tower, East Kidwai Nagar New Delhi- 1 '10001 , Delhi, lndia.

1 1. State of Telangana, Represented by its Secretary, Energy Department, sth Floor, Burugula Rama Krishna Rao Bhavan, Adarsh Nagar, Hyderabad. RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction in the nature of Mandamus. Directing the Respondents No. 1-3 to make payment to the 2nd Petitioner of an amount of Rs.1 1 3.46 Crores (Rupees One Hundred and Thirteen Crores and Forty Six Lakhs) along with the applicable late payment sur-charge which is due under the following agreements. (a) Power Purchase Agreement dated 23.O2.2O16 entered into with the 2nd Respondent for the Alampur Project), (b) power purchase Agreement dated 23.02.

2016 entered into with the 2nd Respondent for the Arvapally Project, (c) Power Purchase Agreement dated 08.03.2016 entered into with the 1st Respondent for the Domakonda Project, (d) power purchase Agreement dated 23.O2.2016 entered into with the 2nd Respondent for the Gadwal Project, (e) Power Purchase Agreement daled 23.O2.2O'16 entered into with the 2nd Respondent for the Nagarkarnool Project, (f) power purchase Agreement dated 23.02.2016 entered into with the 2nd Respondent for the Tandur Project. (g) Power Purchase Agreement dated 23.O2.2O16 entered into with the 2nd Respondent for the Thimmajipet Project. Directing the Respondent No.

7-1 1 to refrain from taking any coercive steps/ actions including declaring/classifying the account of the 2nd Respondent as a Non-performing Asset in relation to the loans extended to the 2nd petitioner for the projects till the Respondent Nos. 1-3 makes payments of the outstanding dues to 2nd Petitioner in accordance with prayer.

N :'l OF 2022 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to restrain the Respondent No. 7-10 from taking any coercive action against the

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Petitioners including declaration/class if ication of the Petitioners account as a Non Performing Asset.

I.ANO:2 OF 2022 Between Tata Cleantech Capital Limited, (TCCIl) Forbes, DR. V.B. Gandhi Marg, Mumbai400001, Maharashtra, lndia Branch Office at. i-Think Techno Campus, A-Wing, 4th Floor, Off Pokhran Road 2, Thane (W)- 400607, Maharashtra, lndia. ....VACATE PETITIONEFYRESPONDENT No.9 ANO 1 . Mytrah Energy (lndia) Pvt Ltd, 8001 , 8th Floor, Q City, Survey No 109, Nanakramguda, Gachibowli, Hyderabad - 500 081, Represented by its authorized signatory, Mr. Ramdev Bang S/o Omprakash Bang, aged about 38 years.

2. Mytrah Abhinav Power Private Limited, 800'1, 8th Floor, Q City, Survey No 109, Nanakramguda, Gachibowli, Hyderabad - 500 081, Represented by ils authorized signatory, [Vr. Ramdev Bang S/o Omprakash Bang, aged about 38 years.

.... PETITION ERS/RESPONDENTS

3. Northern Power Distribution Company of Telangana, Represented by its Managing Director Nakkalagunta, Vidyut Bhavan, H.No 2-5-31l2, Hanamkonda, Warangal District.

4. Southern Power Distribution Company of Telangana, Represented by its Managing Director 6-1-50, Mint Compound, Hyderabad, 500063.

5. Transmission Corporation of Telangana, Represented by its Joint Director, Vidyut Soudha, Khairathabad, Hyderabad 500082.

6. Union of lndia, Represented by its Secretary, Ministry of New and Renewable Energy Block-14, CGO Complex, Lodhi Road, New Delhi1 10003.

7. Reserve Bank of lndia, Through its CGM and Secretary, Secretarys Department, 16th Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai-400001.

8. Central Electricity Authority, Represented by its Chairman Sewa Bhavan, R.K. Puram, New Delhi, 1 100666.

9. Punjab National Bank, Large Corporate Branch 8-2-672, Sufi Chambers, Road No. 1, Banjara Hills, Hyderabad - 500034.

10. lndian Renewable Energy, Development Agency Limited (IREDA) 3rd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi- 110066, Delhi, lndia.

11.lndia lnfrastructure Finance Company Limited, (llFCL) sth Floor, Block 2, Plate A and B, NBCC Tower, East Kidwai Nagar New Delhi- 1 10001 , Delhi, lndia.

12. Slate oJ Telangana, Representgd by its Secretary, Energy Department, sth t-toor, Burugula Rama Krishna nao'enavan, Ajuiin' frf"rgrr, Hyderabad. (R 7 to R 11 are not necessary parties to this vacate stay pelition) ....RESPONDENTS/RESPONDENTS Petition Under Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to vacate the interim order dared 27.06-2022 in writ petition No.27072 0f 2022 against Respondent No.9 l.A.NO:3 oF2 22 Between li,.gfr u5ffi ffi 'A".fi :i3l,,l,"Iii:B:^i:If5ffr,'lsll%18:fi ?u.ll:F,oor,Aususr .....PETITIONER/RESPONDENT -8 AND [flii'.il,"J8li'A',S;,f{,i!re:ji! j{_l!,,.8,:'g",XHI"}"oJ:ld authorized signatory, rur. Ramo6v eirg S/, b;pi;kr"'t'"dung, aged about Jts years.

Mytrah Abhinav Power Privars Limited, 8001, 8th Floor, Q city, survev No 1 09, Nanakramguda, Gachibolvli, HyoeiirJat "_''soo"6ij rI nuprusented bv 5fiYt!31'":1.:isnatory, ur' namativ ai;s s/" 6"ffi i ;ri'B;il':;;i .....PETITIONERS/PETITIONERS ffi ffififf ['"h1,,il#d*.,,fl :0r]dtJf; :%,,i,iin["5r;.,";;"00,,,,

4. Southern Power Distributir r,';"i'gi,is'oi,;il";B: jtd:l,lf; i33ffiHl],"lii.r3[?;[:t6?td]"oor,o

5. Transmission CorDoration.of Telangana, Represented by its Joint Director, vidyut Soudha, Khairathabad, HydilGd ;60&; ''"" ' 'H:i:ff#,:1x j;i,3i"""?::i,'ddL%"3ffJXfl :illf l,{gJ.^[,ibo,n. 110003.

Reserve Bank of lndia. Through [9.gG!I and Secretary, Secretarys il:fiiil,"#li,i[fjSTcentratoff iiJeuirling;,-d'n""fr ii'ainlg,tsingr, I 3:,1,'31l.:l;:,ll"Jy$:llii%r."gdesentedbyitschairmansewaBhavan,

9. Punjab National Bank, Large Corporate Branch 8-2-672, Sufi Chambers, Road No. 1, Banjara Hills, Hyderabad - 500034. 10.Tata Cleantech Capital Limited, (TCCIl) Forbes, DR. V.B. Gandhi [/arg, Mumbai- 40000'1, Maharashtra, lndia Branch Office at- i-Think Techno Campus, A-Wing, 4th Floor, Off Pokhran Road 2, Thane (W)- 400607, Maharashtra, lndia.

1 1.lndia lnfrastructure Finance Company Limited, (llFCL) 5th Floor, Block 2, Plate A and B, NBCC Tower, East Kidwai Nagar New Delhi- 1 10001 , Delhi, lndia.

12. State of Telangana, Represented by its Secretary, Energy Department, sth Floor, Burugula Rama Krishna Rao Bhavan, Adarsh Nagar, Hyderabad. (Respondents 3 to 12 are not necessary parties to this petition) .....RESPONDENTS/RESPONDENTS Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the stay granted against Respondent No.8 dated 271O612022 in W.P.No.27072 of 2022, pending disposal of the above writ petition. |.A.NO:1 OF 2023 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioners herein to withdraw WP.No.

27072 of 2022 wilh liberty to the Petitioners to avail appropriate remedies available to them in law. Counsel for the Petitioners : SRI MALLU NETHAN REDDY Counsel for the Respondent No.'l : SRI ZAKIR ALI DANISH Counsel forthe Respondent Nos.2 & 3: SRI R.VINOD REDDY Counsel for the Respondent No.4 : - Counsel for the Respondent Nos.S, 6 & 10 : -- Counsel for the Respondent Nos.7 to 9 : SRI M.SATYANARAYANA Counsel for the Respondent Nos.11 & 12: G.

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.27O72 OF 2022 ORDER:

Today when the matter is taken up for hearing, learned counsel for the petitioners sought permission to withdraw the Writ Petition.

In view of the submission made by the learned counsel for the petitioners, permission as sought for is accorded.

Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed I SD/-T. JAYAS AssrsrANryr REE RAR //TRUE COPY,, \ SECTION OFFICE R To '1 . Two CC's to G.P For Energy' High Court for the State of Telangana at Hvderabad. (OUT) .i1,. CCt" sii rtrallu Nethan Reddv' Advocate-[plucl X,#;; i; s;iz;ki' Ali Danish' Alvocate tgiy.c^l. . E.# & i;;;i R.vi""d Reddv' Advocate (oPUC).^. . 5;; cci; sri M.satvanaravlna' Advocate (OPUC) . Two CD CoPies t) SA BS

HIGH COURT DATED:2911212023 ('.^ $\r'P 2 6 FtB 2[24 c.J

ORDER

WP.No.27072 of 2022 sp,ttcB O5 cO DISMISSTNG THE W.P AS WITHDRAWN WITIIOUT COSTS.

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